IN THE HIGH COURT OF BOMBAY AT GOA FIRST APPEAL NO. 166 OF 2005 SITAKANT M.GHARSE,CUNCOLIM GOA. ... Appellant Versus LAND ACQUISITION OFFICER AND ANR., ... Respondents Shri Sudesh Usgaonkar, Advocate for the Appellant. Shri A. D. Bhobe, Advocate for the Respondents. Coram:- N. A. BRITTO, J. Date:- 16th September, 2010 P.C.:- Heard. The Appellant herein has challenged the Judgment of the Reference Court dated 24-2-2005 by which his reference for enhancement was rejected. Shri A. D. Bhobe, learned Counsel appearing on behalf of the Respondents has submitted that this First Appeal can be disposed off on the basis of First Appeal No.37 of 2001 decided by the Division Bench of this Court by Judgment dated 3-8-2004 as the sale deeds which were relied upon by the Appellant in this case as well as in that case were the same. Shri Sudesh Usgaonkar, learned Counsel appearing on behalf of the Appellant has submitted that the Appellants in First Appeal No.37 of 2001 has preferred a S.L.P. which has been admitted and the same is pending. Learned Counsel has submitted that this First Appeal be kept pending till the decision of the Apex Court in the said S.L.P. I am not inclined to entertain the submission of learned Counsel Shri Usgaonkar. It is not at all necessary that this Appeal should be kept pending till the decision of the Apex Court in the S.L.P. In my view, this appeal can be disposed off on the basis of First Appeal No.37 of 2001 decided on 3-8-2004 in the case of Smt. Anjani Molu Dessai v. State of Goa and another, considering that, both the Appeals were based on the same documentary evidence. Therefore, First Appeal No.166 of 2005 is disposed off for the very reasons recorded in First Appeal No.37 of 2001 by Judgment dated 3-8-2004. N. A. BRITTO, J. RD.