(Per : HONOURABLE MR.JUSTICE AKIL KURESHI)
1. This appeal is filed by the original claimant seeking enhancement of compensation awarded by Reference Court.
2. While hearing this appeal, our attention was drawn to the fact that State Government has filed First Appeal No.5137 of 1995 calling in question the legality and validity of the very same award which is under challenge in the present appeal. State Government seeks reduction in the compensation awarded by the Reference Court. Such appeal being in the nature of cross appeal, it would be in the fitness of things to hear both the appeals together.
3. On 29.2.2012, on the mistaken belief that such appeal was already disposed of, we had requested the Registry to place judgment of the Court rendered in the First Appeal before us. Subsequently, on 21.3.2012, however, it was pointed out to us that First Appeal is pending and not disposed of.
4. Registry has placed a note dated 3.4.2012, indicating that papers of First Appeal No.5137 of 1995 are not found despite strenuous efforts.
5. Under the circumstances, Government is permitted to reconstruct First Appeal No.5137 of 1995, which shall be done within two weeks. Registry to place the present First Appeal along with reconstructed First Appeal No.5137 of 1995 together for hearing immediately thereafter.
(AKIL KURESHI, J.) (C.L.
SONI, J.) omkar Top