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15. I fully agree with all the legal propositions set forth in the erudite Judgment of my Learned Brother Khandeparkar J. However my Learned Brother Khandeparkar J. has proceeded on the basis of what is stated in application for reference, as mentioned in paragraph 51 of the Judgment, as the dates are mentioned therein, and as such there is no dispute.

16. It may be noted here that all the Reference Applications are cyclostyled applications, merely filled in by the learned Advocates and the list of dates are mentioned. The applications have not been solemnly affirmed by the claimants. The applications have been signed in Marathi or by thumb impressions by the Applicants. There is nothing on record to indicate that the Applicants were aware of the dates or contents in those Reference Applications. In the above group, there are 142 First Appeals and in most of them there are more than one claimant and in some of them the legal heirs of original claimants are representing.

17. It is also vital to note that till date there is no affidavit filed on behalf of the State, indicating the correct date of service of notice under Section 12(2) of the Act. Appellant State has merely filed a chart indicating dates of service.

18. It may also be noted that in the above, my Learned Brother Khandeparkar J. has stated in paragraph 2 the delay to be 65 days, and my Learned Brother Kanade J. has stated in Paragraph 61 as 107 days delay. In the above, there is no finding recorded before any forum on the issue of limitation.