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Bombay High CourtCA/1062/2000dissmiss for defaultnonprosecution

The State Of Maharashtra(Through The Special Land Acquisition Officer) v. Prabhakar Mahadeo Sakhare

2017-02-13Hon'Ble Shri Justice M.S. Sonak2 pages

4.ca.1061.2000.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1061 OF 2000 WITH CIVIL APPLICATION NO.1062 OF 2000 IN FIRST APPEAL (ST) NO. 4086 OF 1999 WITH FIRST APPEAL (ST) NO. 4086 OF 1999 The State of Maharashtra ...Applicant/Appellant.

vs Prabhakar Mahadeo Sakhare

...Respondent

.....

Mr Yogesh Dabke AGP for the Applicant/Appellant. .....

CORAM : M. S. SONAK, J.

13 FEBRUARY, 2017 P.C. :

The Civil Application is seeking condonation of delay of 159 days.

Over last several years, the matter is pending because the applicant/ appellant has failed to take steps to serve the respondent. Ultimately, on 2nd March, 2011 a notice issued to the sole respondent was returned with the bailiff's remark "dead". From 2011 till date, no steps have been taken to bring on record the legal representatives of the deceased respondent. The Pg 1 of 2

4.ca.1061.2000.doc compensation amount involved in this appeal is Rs.34,250/-. The appeal cannot proceed in such a fashion. The Civil Applications and consequently the First Appeal are, therefore, dismissed for non-prosecution.

( M. S. SONAK, J. ) Pg 2 of 2