25-sr915.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 4033 OF 2023 Pandharinath Fakira Waghchaure (died) Through L..Rs.- Walmik (died) Through L.Rs. Lata And Ors. ..Appellants VERSUS The State Of Maharashtra And Ors ..Respondents ---- Mr.Yogesh Kale, Advocate for appellant Mr.B.V.Virdhe, AGP for respondent no.1 Mr.G.S.Khaire h/f.Mr.S.S.Dande, Advocate for respondent nos.2 and 3 ---- CORAM : AJIT B. KADETHANKAR, J. DATE : SEPTEMBER 03, 2026 ORDER :- Considering the short issue involved and by consent of the parties, the First Appeal is being disposed of at admission stage. 2. The appellant’s land admeasuring 3H 68 R situated at Mauje Jarul, Tq.Vaijapur, Dist. Aurangabad was acquired by the respondent/acquiring body for the purpose of M.I.D.C. Feeling aggrieved by inadequate compensation in the award, the appellant instituted land acquisition reference before learned Civil Judge, Senior Division, Vaijapur vide L.A.R. No.259 of 2010 (New) L.A.R. No.165 of 2004 (Old). The trial court proceeded however the appellants could not produce any evidence in support of the claim. As such, vide order 2026:BHC-AUG:41223 2 25-sr915 dated 22.08.2016 the claim petition came to be rejected. As against that legal representatives of the claimants are before this court. 3. It is submitted that failure on the part of the claimants to adduce evidence in the given time was not deliberate. It is submitted that in fact the original claimant died during pendency of the proceedings on 14.09.2009 and hence, the appellants failed to continue the proceedings timely nor could adduce evidence within given time. The trial court observed that the matter was age-old beyond 10 years and hence for failure on account of the claimants to adduce evidence it was needful to close down the file. As such the claim petition came to be dismissed. Now, the appellants submit that the appellants shall prosecute the claim petition meticulously without any default. It is also submitted that the appellants/claimants would not claim any interest during the period from the date on which the matter was fixed for evidence till the date on which the matter stands restored in the trial court. Reliance is placed on the order passed by this court on 17.01.2020 in Writ Petition No.12795 of 2019 (Walmik s/o. Trimbak Tupe Vs. State of Maharashtra and anr.) with connected matter. 3 25-sr915 4. Mr.Khaire, learned advocate holding for Mr.Dande, learned advocate for the acquiring body prays to pass appropriate order. 5. It is not disputed that the appellants are land losers whose sole livelihood is taken away due to compulsory land acquisition. The award is passed and compensation is granted. Enhancement in the compensation is certainly a right of the appellants provided that they prove the case for enhancement. Copy of the death of certificate of original claimant Pandharinath Fakirba Waghchoure is placed on record. It appears that he died on 14.09.2009. The reason advanced by the appellants for failing to adduce the evidence needs to be accepted in the light of this fact. I accept the contention of the appellants that while the reference is filed for escalation in the compensation, no party would be fail to prosecute such compensation deliberately unless there are inevitable circumstances which prevented the party from continuing with the prosecution. In view of this I deem it appropriate in the interest of justice to allow the First Appeal and to relegate the matter back to the reference court for continuation of the trial court from the stage on which it was dismissed. 4 25-sr915 6. Hence, I pass the following order:- (I) The impugned judgment and order dated dated 22.08.2016 passed by learned Civil Judge, Senior Division, Vaijapur vide L.A.R. No.259 of 2010 (New) L.A.R. No.165 of 2004 (Old) is quashed and set aside. The matter is remanded back to the concerned court for continuation of the trial from the stage at which it was dismissed. (II) The appellants/claimants shall not be entitled for any type of interest from the date on which the trial was firstly fixed for evidence till the date on which the matter stands restored in the trial court. (III) On the day of appearance itself the appellants shall file their examination-in-chief and the reference court would conclude the proceedings within six months thereafter. (IV) The Record and Proceedings be remitted back. (V) Party shall appear before the reference court on 21.09.2026. No separate notice for appearance of the parties is needed. [AJIT B. KADETHANKAR, J.] ……….. KBP