- (1.) HEARD learned counsel for both the parties on Application No.35151 dated 22.12.2008 under Section 54 of the Land Acquisition Act read with Sec. 151 CPC seeking leave to file the present appeal and Application No.35152 dated 22.12.2008 filed under Sec.5, Limitation Act, for condonation of delay. Application No.35151 dated 22.12.2008
(2.) COUNSEL for the appellant submits that the land was acquired for establishment of the Krishi Upaj Mandi Samiti, Khairthal, therefore, it is a necessary party to the reference application and further, in connected case i.e. SB Civil Misc. Appeal No.4736/2011 Krishi Upaj Mandi Samiti Khairthal V. Niranjan Lal and others, vide order dated 6.3.2012 the matter has been remanded to the reference court. In view of the above, Application No.35151 dated 22.12.2008 is allowed. Application No.35152 dated 22.12.2008 In this application u/s 5, Limitation Act, the ground of procedural delay has been taken which in my opinion, is the sufficient cause for not filing the appeal within time, therefore, I allow the application and condone the delay in filing the appeal. In view of the above, Defect No. 1 stands over ruled. SBCMA No.8031/2011 Heard learned counsel for the parties in SBCMA No.8031/2011.
(3.) SINCE there is no dispute between the parties that vide common order dated 6.3.2012 passed in SBCMA No.4736/2011 and two other connected appeals, the common Award dated 25.8.2008 passed in Reference Nos.41/5-2004, 41/4-2004 and 41/11-2004 has been set aside and the Reference Court has been directed to decide the said reference afresh in accordance with law after giving opportunity to the appellant to appear and lead evidence, the same order is required to be passed in this appeal. Para 9 of the aforesaid order dated 6.3.2012 is as under: "In that view of the matter, without entering into the merits of the impugned award made by the Reference Court, the appeals are required to be allowed by setting aside the impugned award. Accordingly, the impugned award dated 25.8.2008 passed in Reference Nos.41/5-2004, 41/4-2004 and 41/11-2004 is set aside. The Reference Court is directed to decide the said reference afresh, in accordance with law after giving opportunity to the appellant to appear and lead evidence. The appeals stand allowed accordingly." Accordingly, the present civil miscellaneous appeal is allowed, the impugned award dated 25.8.2008 passed in Reference No. 41/12-2004 is set aside. The Reference Court is directed to decide the said reference afresh, in accordance with law after giving opportunity to the appellant to appear and lead evidence.;