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2013 DIGILAW 1157 (BOM)

Laxman s/o. Kisan Haste v. State

2013-06-26

A.P.BHANGALE

body2013
JUDGMENT 1. Heard Mr. M.A. Kadu, learned A.G.P. for respondent nos. 1 and 2. 2. Civil Application No.2348 of 2009 is filed by the appellant for grant of permission to file copies of depositions, Valuation report and sale instances on record. Land Acquisition Case No.247 of 2002 (Old L.A.C. No.122 of 1997) was decided by the Civil Judge (Sr.Dn.), Pandharkawada-Kelapur by Judgment and Order dt.26.2.2007. It appears that the Civil Judge (Sr.Dn.), Pandharkawada/Kelapur had rejected the claim for enhancement of compensation by the impugned judgment and order. 3. Civil Application No.2348 of 2009 aforementioned is pending since 25th January, 2009. No reply has been filed to this application on behalf of the respondents. The Learned A.G.P. prays for granting adjournment on the ground that the appellant has not supplied copy of the Civil Application and that he wants to verify. This could not be a valid ground for adjournment when the application is made for permission to file additional evidence in the form of copies of depositions, Valuation report, sale instances etc. on record. Under these circumstances, I think that the impugned judgment and order needs to be reversed in the interest of justice as important evidence in the form of copies of depositions, valuation report and sale instances was not admitted by the Reference Court. The parties ought to be given an opportunity to lead additional evidence. Hence, the impugned judgment and order is reserved with a direction to the Reference Court to admit additional evidence in the form of copies of depositions, Valuation report and sale instances as may be lead on behalf of the appellant and thereafter, to decide the claim afresh after giving an opportunity to the parties to lead evidence, as they may desire. With these directions, the Civil Application is disposed of.