1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 849 OF 1997 with CIVIL APPLICATION NO.3205 OF 2009 Shri Ramdas Dasharath Patil ....Appellant Versus The Special Land Acquisition Officer, Nashik & Anr. ....Respondents Mr. P. N. Joshi for the Appellant. Mrs. Geeta Mulekar, AGP for theRespondent No.1. Mrs. A. R. S. Baxi for the Respondent No.2. CORAM : P. B. MAJMUDAR & R. V. MORE, JJ. DATED : 13th AUGUST, 2009. P.C. Heard Mr. Joshi, learned Counsel for the Appellant, Mrs. Mulekar, learned AGP for the Respondent No.1 and Mrs. Baxi, learned Counsel for the Respondent No.2. 2. This Appeal by the Claimant arises out of an Award dated 30th September, 1996 passed by the learned Joint District Judge, Nashik in Land Reference No. 165 of 1986 under section 18 of the Land Acquisition Act. The State Government being aggrieved by the the enhancement of compensation also filed an First Appeal No.174 of 1998 challenging the above Award. By the separate order passed today, the said Appeal No. 174 of 1998 is disposed of by consent of the parties and the impugned order is set-aside and the matter is remanded back to the Joint District Judge, Nashik for disposal afresh after giving an opportunity to adduce evidence to the Respondent No.2 and the Claimant. In that view of the matter the present Appeal will not survive 2 and the same is accordingly disposed of. It is made clear that all points and contentions are expressly kept open to be agitated before the Reference Court. There shall be no order as to cost. 3. In view of the disposal of the First Appeal, the Civil Application No.3205 of 2009, will not survive and therefore, the same is disposed of. Sd/- Sd/- (R. V. MORE, J.) (P. B. MAJMUDAR, J.)