ash 1 caf-2557.09 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2557 OF 2009 IN FIRST APPEAL ST. NO.9622 OF 2009 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri Amit Borkar for the Applicants. Shri A.R. Patil, AGP for Respondent Nos.1 and 2. Shri T.S. Ingale for Respondent No.3. ­­ CORAM : A.S.OKA, J. DATE : 7TH JULY, 2011 P.C.: . Heard learned counsel appearing for the Applicants and the learned counsel appearing for the 3rd Respondent. Heard leaned AGP for the 1st and 2nd Respondents. This is an application for seeking leave to prefer an appeal against the judgment and award made in a Reference under Section 18 of the Land Acquisition Act, 1894. The Applicants desire to prefer an appeal for enhancement in the compensation. The applicants are claiming on the basis of the deed of assignment dated 15th June, 2006 by which they are claiming that they ash 2 caf-2557.09 have acquired from the original claimants a right to receive compensation. 2. The objection of the leaned counsel appearing for the 3rd Respondent is that on the basis of the said document, the Applicants did not apply for impleadment in the pending Reference. 3. The document annexed to the Application prima facie shows the assignment in favour of the Applicants of right to receive compensation, and therefore, a case is made out to grant leave to prefer an appeal. Whether in law, the Applicants are entitled to seek enhancement in the compensation or not, is a matter which will have to be determined at the time of final hearing of the appeal. The issue whether the Applicants have really acquired any right in respect of the compensation will have to be decided in Appeal and the aforesaid issues are kept open. 4. Subject to what is observed above, the application is allowed in terms of prayer clause (b). (A.S.OKA, J)