1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL NO. 208 OF 1996 The State of Maharashtra .. Appellant/ Ori.Resp. versus 01. Nanaba Genu Khedkar age 41 years, occup. Agriculture. 02. Parubai Jagannath Khedkar age 35 years, occup.Agril. Both residents of Karodi, Taluka Pathardi, District ..Respondents/ Ahmednagar. Ori.claimants ---- Shri S.N. Kendre, A.G.P. for the appellant-State. Shri B.T.Wagh, Adv. holding for Shri D.R.Jaibhar Advocate for the Respondents-claimants. ---- Coram : P.R. Borkar, J. Date : March 25, 2010 P.C. 01. Heard Shri S.N.Kendre, learned A.G.P. for the appellant-State and Shri B.T. Wagh, learned Advocate holding for Shri D.R. Jaibhar, learned Advocate for Respondent No.2. 02. This is an appeal filed by the State being aggrieved by the judgment and award passed by the learned Joint Civil Judge, Senior Division, Ahmednagar in Land 2 Acquisition Reference No. 108 of 1990 decided on 27.2.1992. 03. Respondent No.1 Nanaba and Respondent No.2 Parubai were the joint owners of the land acquired. Appeal stood dismissed as against Respondent No.1 Nana vide order of this court passed on 19.9.2006 for not taking steps for service on Respondent No.1 who is reported to have left known address. In the circumstances, the question arises whether the appeal would survive against Respondent No.2 Parubia who was the joint owner of the said land. 04. After hearing both sides and after giving due consideration to the submissions advanced, it cannot be said that there could be different rates of prices for two co-owners of the same land. 05. In the circumstances, this appeal does not survive as against Respondent No.2 as the acquisition of land was from both the respondents and common award was passed in favour of both the respondents. 06. Hence, this appeal stands dismissed as not tenable in law. pnd/fa208.96 (P.R.BORKAR, J.)