The State Of Maharashtra, Thr. The Special Land Acquisition Officer, Nashik v. Bhika Shaba More (Decd.) Thr. His L.R.S. 1a)Hiraman Bhika More

23(1) IA-2567-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2567 OF 2022 IN FIRST APPEAL NO. 770 OF 2000 The State Of Maharashtra (Through The Special Land Acquisition Officer, Zilla Parishad) Nashik ...Applicant/ ...Appellant

Versus

Shri Bhika Shaba More (deceased) through his LR And Anr.

...Respondents

***** Ms. Tanaya Goswami, AGP Applicant/State.

***** HUSENBASHA RAHAMAN NADAF Date: 2023.12.07 19:48:49 +0530 HUSENBASHA RAHAMAN NADAF CORAM : M.M. SATHAYE, J.

DATE : 6th DECEMBER, 2023 P.C. :

1.

This is an application by State for restoration of above First Appeal which is dismissed under conditional Order dated 14/08/2019 for not taking steps to serve Respondent No.1A & 1B. There is delay of 2 years and 206 days in filing the application. Considering the fact that when the conditional Order was passed, the Respondent was not present and Appellant/State was also not present and further considering averments in the Interim Application, sufficient cause is made out. Interim Application is allowed in terms of prayer clause (b) and (c). Delay is condoned. The Appeal is restored to file.

2.

Interim Application is disposed off. All concerned to act on an (M.M. SATHAYE, J.) Husen