1 27 caf.908.10 anr ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 908 OF 2010 IN FIRST APPEAL (stamp) NO. 12918 OF 1995 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. A.R.Patil, AGP for the Applicant - State. Mr. Ajay A. Joshi for the Respondent. CORAM : A.S.OKA, J. DATE : 11 th March, 2011. P.C. 1 Heard the learned AGP appearing for the Applicant. 2 The learned counsel appearing for the Respondent opposes the prayer for condonation of delay. In view of the averments made in the application, sufficient cause is made out for condonation of delay. Application is allowed in terms of prayer clause (a). [ A.S.OKA, J ] 2 27 caf.908.10 anr ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL (stamp) NO. 12918 OF 1995 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. A.R.Patil, AGP for the Applicant - State. Mr. Ajay A. Joshi for the Respondent. CORAM : A.S.OKA, J. DATE : 11 th March, 2011. P.C. 1 Admit. Printing is dispensed with. The learned counsel appearing for the Respondent waives service. 2 Requisite number of copies of private paper-books including the copies for the Respondent/s shall be filed by the Appellant/s within a period of one year from today. If compliance is not made within stipulated time, the appeal shall stand dismissed for want of prosecution without further reference to the Court. 3 The challenge in this appeal is to an award of enhancement of compensation under Section 18 of the Land Acquisition Act, 1894. The award is of the year 1994. The learned counsel appearing for the Respondent states 3 27 caf.908.10 anr that though execution application is pending, the amount of compensation has not been deposited by the Appellant. This is fit a case to exercise powers under Sub-rule (3) of Rule 1 of Order XLI of the Code of Civil Procedure, 1908. In exercise of the said powers, the Appellant is directed to deposit the entire compensation amount payable as of today with the Reference Court within a period of two weeks from today. It will be open for the Respondent to withdraw the said amount on furnishing the security to the satisfaction of the Reference Court. [ A.S.OKA, J ]