fa839.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL NO. 839 OF 2011 The Agriculture Produce Market Committee .. APPELLANT VERSUS The State of Maharashtra & another .. RESPONDENTS Mr. K.S. Patil, AGP for the State. ===== CORAM : R.M. BORDE, J. DATE : 16 th JUNE, 2011 PER COURT : 1 None appears for the appellant. It appears that the claimant presented First Appeal no. 4024/2008 claiming enhancement in the amount of compensation awarded by the reference court. In the appeal presented by the claimant / respondent herein, acquiring body was impleaded as respondent and, after considering the contentions of the parties, this court, in view of judgment and decree dated 24-11-2010 was pleased to dismiss the appeal presented by the claimant. Thus, the decision rendered by the reference court awarding compensation at the rate of Rs. 2/- per sq. ft. has fa839.11 2 been confirmed by this court. 2 Instant appeal is presented against the judgment and award passed by the reference court which was subject matter of First Appeal no. 4024/2008 at the instance of the claimant. Instant appeal presented by the acquiring body is not entertainable in view of the decision rendered in First Appeal no. 4024/2008 which was presented by the claimant wherein the acquiring body was also one of the respondents. Appeal is devoid of substance hence stands dismissed. 3 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE ) JUDGE dyb