Shri. Vitthal Trimbak Gharat (Dead) Through His L.Rs. 1. Shri. Prakash Vitthal Gharat And ORS. v. The State Of Maharashtra Through The Special Land Acquisition Officer

Trupti 43-caf-2893-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2893 OF 2017 IN FIRST APPEAL NO. 726 OF 2016 Shri.Vitthal Trimbak Gharat (since deceased) through LRs Shri. Prakash Vitthal Gharat & Ors.

...Applicants

Versus

The State of Maharashtra Through the Special Land Acquisition Officer-1, Raigad Alibag

...Respondent

......

Mr.Nilesh U. Masurkar for the Applicants.

......

CORAM: MRS.MRIDULA BHATKAR, J.

DATE : JANUARY 17, 2018 P.C.:

1.

This Application is moved for recalling the order dated 2nd August, 2016 passed by the Registrar (Judicial-II). 2.

The learned Counsel for the applicants submits that First Appeal was admitted on 15th April, 2016, however, it was dismissed for non-removal of office objections of supplying the copy and printing charges. He further submits that the applicants are ready to 1 / 2

Trupti 43-caf-2893-17.doc remove office objections and, therefore, the order dated 2nd August, 2016 passed by the Registrar (Judicial-II) be recalled. He further submits that there is delay of 312 days in filing the Civil Application and hence, the same be condoned.

3.

In view of the submissions of the learned counsel for the applicants, the order dated 2nd August, 2016 of dismissing the First Appeal is hereby recalled. First Appeal is restored to its original file. Delay of 312 days in filing the Application is condoned. The applicants to remove office objections within a period of three weeks from today. If office objections are not removed within the stipulated time, First Appeal shall stand dismissed without further referring to the Court.

4.

Civil Application is allowed and is accordingly disposed of. (MRIDULA BHATKAR, J.) 2 / 2