1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 315 OF 2010 WITH CIVIL APPLICATION NO. 316 OF 2010 IN FIRST APPEAL (ST) NO. 28030 OF 2009 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : P.R. BORKAR.J. DATED : 23.04.2010 1. Heard Adv. Shri B.A. Shinde for the applicant. Adv. Shri R.P. Bhumkar waives notice for respondent No.1 and A.G.P. Shri S.N. Kendre waives notice for respondent Nos. 2 and 3. Adv. Shri Bhumkar seeks leave to file Vakalatnama within one week. Leave granted. 2. This is an application for condonation of delay of 1009 days in filing appeal. The appeal itself is not tenable in as much as enhancement of Rs. 6300/- was awarded by the Reference Court. The Land Acquisition Officer had awarded amount of Rs. 18060/- and the Reference Court awarded 2 compensation of Rs. 24360/-. The appeal is valued at Rs. 6300/- as can be seen from the note below the appeal memo. The appeal itself is not tenable in view of Section 96 (4) of the Code of Civil Procedure read with Section 54 of the Land Acquisition Act. Therefore, the Civil Application for condonation of abnormal delay of 1009 days is dismissed. 3. In view of dismissal of application for condonation of delay, the Civil Application for stay does not survive and it is disposed of as such. 4. Issue Court fees refund certificate as per rules. [P.R. BORKAR,J.] snk/2010/APR10/ca315.10