Maharashtra Krishna Valley Development Corporation v. The Special Land Acquisition Officer And Othrs
FARAD CONTINUATION SHEET
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1567 OF 2017 FIRST APPEAL NO.178 OF 2017 WITH CIVIL APPLICATION NO.1568 OF 2017 FIRST APPEAL NO.179 OF 2017 WITH CIVIL APPLICATION NO.1569 OF 2017 FIRST APPEAL NO.180 OF 2017 WITH CIVIL APPLICATION NO.1570 OF 2017 FIRST APPEAL NO.181 OF 2017 WITH CIVIL APPLICATION NO.1571 OF 2017 FIRST APPEAL NO.182 OF 2017 1/5
WITH CIVIL APPLICATION NO.1572 OF 2017 FIRST APPEAL NO.183 OF 2017 WITH CIVIL APPLICATION NO.1573 OF 2017 FIRST APPEAL NO.184 OF 2017 WITH CIVIL APPLICATION NO.1574 OF 2017 FIRST APPEAL NO.185 OF 2017 WITH CIVIL APPLICATION NO.1575 OF 2017 FIRST APPEAL NO.186 OF 2017 WITH CIVIL APPLICATION NO.1576 OF 2017 FIRST APPEAL NO.187 OF 2017 WITH 2/5
CIVIL APPLICATION NO.1577 OF 2017 FIRST APPEAL NO.188 OF 2017 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.V.S.Tadke i/b Mr.D.D.Shinde for the applicant Mr.A.R.Patil, A.G.P. for the respondent nos.1 and 2 Mr.Gaurav Potnis i/b M/s.Pallavi Potnis for the respondent no.3 CORAM : K. K. TATED, J DATE : AUGUST 1, 2019 P.C.:
.
Heard.
By all these Civil Applications, Applicants acquiring body are seeking restoration of First Appeals which stand dismissed in view of conditional order dated 10.8.2010 passed by this court for non filing of private paper book. 3/5
The learned counsel for the Applicants submits that, it remained on their part to file private paper book within time. He submits that, he requires six months time to comply the order dated 10.8.2010. He submits that, in the interest of Justice, this Hon'ble Court be pleased to extend the time to comply the order dated 10.8.2010 and restore the matters for hearing on its own merits. He submits that if Applications are not allowed, irreparable loss will be caused to the Applicant.
On the other hand, the learned counsel for the Respondents original Claimants vehemently opposed the present Civil Applications. He submits that Applicant failed to disclose the cause for non-compliance of order dated 10.8.2010. Hence, all these Civil Applications are required to be dismissed with costs.
Heard.
It is to be noted that this court by order dated 10.8.2010 directed Applicant to file private paper book.
Considering the submissions made by the learned counsel for the Applicants and the averments made in the Applications, I am satisfied that the Applicants have made out a case for allowing the present Civil 4/5
Applications. But at the same time, they have to pay cost of Rs.500/- in each matter to the Respondent original Claimant. Hence, following order:
a) Delay in filing the Civil Applications are condoned.
b) All the Civil applications are allowed.
c) All First Appeals stand restored on file for hearing on its own merits.
d) Applicants to comply the order dated 10.8.2010 passed by this court (Coram:
A.M.Khanwilkar and A.A.Sayed, JJ.) on or before 29.2.2020 i.e. filing of private paper book, failing which all the Civil Applications shall stand dismissed without further reference to the court.
e) Applicants to pay cost of Rs.500/- in each matter to the Respondent original Claimant within 8 weeks from today and place on record receipt to that effect.
(K.K. TATED, J.) 5/5