The State Of Maharashtra (Thr. The Special Land Acquisition Officer) v. Shri Mukund Shantaram Patkar Since Deceased Thr. Lrs. Smt. Shubha Mukund Patkar And ORS.

54 caf2398-19.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2398 OF 2019 IN FIRST APPEAL NO.400 OF 1995 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 Mr.Nikhil Dongre i/b Mr.S.S.Kanetkar for the respondents 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.400 of 1995 which stands dismissed for nonprosecution. Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a Mohite 1/2

54 caf2398-19.doc case for allowing the present Civil Application. Hence, the following order:

a) Order dated 6.6.2019 passed by this court is recalled.

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

c) Civil application stands disposed off accordingly.

d) No order as to costs.

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