- (1.)BY the present first appeal, the appellant, original claimant in Land Acquisition Reference No.474/1996, has assailed the judgment and order dated 08.07.1999 passed by the Joint Civil Judge, Senior Division, Aurangabad. By the said order, the learned trial court has dismissed the claim of the appellant, as the same was not filed within limitation.
(2.)PRESENT first appeal was admitted on 04.04.2003 and since then the same was waiting for its turn for final hearing.
Heard learned counsel for the appellant and learned AGP for respondent Sate.

(3.)DURING the course of submissions, my attention is drawn towards the finding recorded at issue No.2 by the lower court, which finds place in para 5 of the impugned judgment and order. It is observed by the lower court that in view of the facts stated in para 1 of claim petition that the appellant has received the notice u/s 12(2) of the Land Acquisition Act, 1894 on 15th January 1996 and the claim petition is filed on 27th February 1996 and hence the same is not within the period of limitation and on that ground learned trial court came to the conclusion that as the reference is not within limitation, the same is dismissed.