{1} ca1108510.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.11085 OF 2010 IN FIRST APPEAL ST. NO.17750 OF 2010 Ramesh Shyamrao Patil Applicant Versus The Special Land Acquisition Officer, U.T.P.H. No.3, Jalgoan & another Respondents WITH CIVIL APPLICATION NO.11086 OF 2010 IN FIRST APPEAL ST. NO.17639 OF 2010 Shyamrao Zipru Patil Applicant Versus The Special Land Acquisition Officer, U.T.P.H. No.3, Jalgoan & another Respondents WITH CIVIL APPLICATION NO.13069 OF 2010 IN FIRST APPEAL ST. NO.26555 OF 2010 Bhimrao Narayan Patil Applicant Versus The Special Land Acquisition Officer, U.T.P.H. No.3, Jalgoan & another Respondents Mr.B.R.Warma, advocate for applicant. Mr.P.P.More, Ms.V.A.Shinde, & Mr.S.N.Kendre, A.G.Ps., for respondent no.1. Ms.Chaitali Chaudhari, advocate for respondent no.2. {2} ca1108510.odt CORAM : MRS.MRIDULA BHATKAR, J. DATE : 18th August, 2011 PER COURT: These applications are disposed of by a common order. Civil Application No.11085/2010 is made for condonation of delay of 444 days caused in filing First Appeal St.No.17750 of 2010. Civil Application No.11086/2010 is made for condonation of delay of 693 days caused in filing First Appeal St.No.17639 of 2010. Civil Application No.13069/2010 is made for condonation of delay of 640 days caused in filing First Appeal St.No.26555 of 2010. The reason for the delay is mentioned in paragraph 3, wherein it is stated that the concerned advocate has taken the responsibility to file the Reference Application, however, the status of Reference was not communicated to the claimants and so the delay is caused. For the reason given in paragraph 3 of the applications, Civil Applications are allowed. Delay is condoned. MRS.MRIDULA BHATKAR JUDGE ******* adb/ca1108510 {3} ca1108510.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL ST. NO.17750 OF 2010 Ramesh Shyamrao Patil Appellant Versus The Special Land Acquisition Officer, U.T.P.H. No.3, Jalgoan & another Respondents WITH FIRST APPEAL ST. NO.17639 OF 2010 Shyamrao Zipru Patil Appellant Versus The Special Land Acquisition Officer, U.T.P.H. No.3, Jalgoan & another Respondents WITH FIRST APPEAL ST. NO.26555 OF 2010 Bhimrao Narayan Patil Appellant Versus The Special Land Acquisition Officer, U.T.P.H. No.3, Jalgoan & another Respondents Mr.B.R.Warma, advocate for appellants. Mr.P.P.More, Ms.V.A.Shinde, & Mr.S.N.Kendre, A.G.Ps., for respondent no.1. Ms.Chaitali Chaudhari, advocate for respondent no.2. CORAM : MRS.MRIDULA BHATKAR, J. DATE : 18th August, 2011 {4} ca1108510.odt PER COURT: Learned Counsel for appellants submits that when the matter was sent to the Reference Court from the Collector, no notices were issued to the claimants. Therefore, the claimants were unaware of dates of the proceedings, hence did not remain present. The matter proceeded without giving any opportunity to the claimants to lead evidence. On this ground, learned Counsel for appellants seeks order of remand from this Court. To substantiate his submissions, it is necessary for the Counsel to produce certified copy of the Roznama to show that no notices were sent, at any point of time, to the claimants and so their absence can be justified. Stand over to 15th September, 2011. MRS.MRIDULA BHATKAR JUDGE ******* adb/ca1108510