Shri. Suryakant Shankarlal Khinvasara (Dead)Thr.Legal Heir Smt.Kamala Suryakant Khinvasar And ORS. v. The Special Land Acquisition Officer And ANR.

41 caf3436-16.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3436 OF 2016 IN FIRST APPEAL NO.198 OF 1993 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms.Beerta H. Bajwa I/b Ms.Aparna Shinde for the applicant Mr.A.P.Kulkarni for the respondent no.2 CORAM : K. K. TATED, J DATE : AUGUST 14, 2019 P.C.:

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Heard.

By this Civil Application, applicant original claimants are seeking restoration of First Appeal No.198 of 1993 which stand dismissed for non-prosecution by order dated 7.4.2016.

Considering the submissions made by the learned counsel for the applicant and the Mohite 1/2

41 caf3436-16.doc averments made in Civil Application, I am satisfied that the applicant has made out a case for allowing the Civil Application. Hence, following order is passed:

a.

Order dated 7.4.2016 passed by this court is recalled.

b.

First Appeal No.198 of 1993 is restored on file for hearing on its own merits.

c.

Civil Application stands disposed of accordingly.

d.

No order as to costs.

(K.K.TATED, J.) Mohite 2/2