The State Of Maharashtra (Thr. The Special Land Acquisition Officer) v. Gulamsaheb Hussain Miya Patel Since Deceased Thr. Lrs. Shri. Damormiya Gulabsaheb Patel And ORS.

55 caf2401-19.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2401 OF 2019 IN FIRST APPEAL NO.428 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.Tanaya Goswami, A.G.P. for the applicant CORAM : K. K. TATED, J DATE : JULY 22, 2019 P.C.:

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Heard.

By this Civil Application, Applicant is seeking restoration of First Appeal No.428 of 1993 which stands dismissed for nonprosecution by order dated 6.6.2019. It is to be noted that on 6.6.2019 no one appeared on behalf of Respondent. Therefore, there is no question of issuing notice to the Respondent.

Considering the submissions made by the Mohite 1/2

55 caf2401-19.doc learned A.G.P. for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, the following order:

a) Order dated 6.6.2019 passed by this court in First Appeal No.428 of 1993 is recalled.

b) First Appeal is restored on file for hearing on its own merits.

c) Learned A.G.P. is directed to inform other side i.e. Respondent or their advocate about today's order in writing.

d) Civil application stands disposed off accordingly.

e) No order as to costs.

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