1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 969 OF 2010 IN REVIEW APPLICATION STAMP NO. 28610 OF 2009 IN FIRST APPEAL NO. 376 OF 2005 WITH CIVIL APPLICATION NO. 980 OF 2010 IN REVIEW PETITION NO. 28276 OF 2009 IN FIRST APPEAL NO. 375 OF 2005 WITH CIVIL APPLICATION NO. 989 OF 2010 IN REVIEW PETITION STAMP NO. 28273 OF 2009 IN FIRST APPEAL NO. 374 OF 2005 _______________________________________________________________ Office Notes, Office } Memoranda of Coram, } Court's or Judge's orders appearances, Court's } orders or directions } and Registrar's orders } ___________________________}___________________________________ Mr. S.G.Sangle, Advocate for applicant . Mr. N.H.Borade, A.G.P. for State - respondent nos. 2 & 3. ........................... [ CORAM : V.R.KINGAONKAR, J. ] DATE : 24/02/2010 2 PER COURT : 1. Heard learned counsel for the petitioner. 2. The delay caused in filing of the review applications is explained under the application. Though served, the respondent no. 1 remained absent and, therefore, there is no denial to such grounds. Hence the explanation is accepted and the delay is condoned. 3. So far as the review application is concerned, it may be gathered that the order under review was passed after considering the relevant material. It appears prima facie that the enhancement of compensation by the reference Court was found to be marginal because there was sale instance which was prior to the notification under section 4 (1) of the Land Acquisition Act. The review application can not be entertained unless it falls within parameters of Order XLVII Rule 1 of the Code of Civil Procedure. The present application does not come within the ambit of said provision and as such is liable to be dismissed. Hence the application is dismissed. However, it is clarified that 3 the order under review can not be treated as precedent in any other case and is restricted to the particular case in which it is passed. [ V.R.KINGAONKAR ] JUDGE knp/CA 969.....09 in FA 376.05