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Bombay High CourtCAF/3799/2017allowed

Sudam Shankarrao Pawar v. The Land Acquisition Officer No.6, Pune And ORS.

2017-12-05Hon'Ble Mrs. Justice Mridula Bhatkar7 pages

Trupti

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3819 OF 2017 FIRST APPEAL NO. 500 OF 2002 CIVIL APPLICATION NO. 3790 OF 2017 FIRST APPEAL NO. 511 OF 2002 Krishna Genu Wadekar Gulab Shankar Wadekar & Ors.

The Land Acquisition Officer No.6, Pune & Ors. CIVIL APPLICATION NO. 3791 OF 2017 FIRST APPEAL NO. 505 OF 2002 Dashrath Krishna Wadekar CIVIL APPLICATION NO. 3792 OF 2017 FIRST APPEAL NO. 508 OF 2002 1 / 7

Mahadu Dadadu Shete (since deceased) through LR's Vimal Harishchandra Shete & Ors.

CIVIL APPLICATION NO. 3793 OF 2017 FIRST APPEAL NO. 512 OF 2002 Ganpat Sakharam Mali Parvatabai Ganpat Mali & Ors.

CIVIL APPLICATION NO. 3794 OF 2017 FIRST APPEAL NO. 515 OF 2002 Devram Rama Mali Gitabai Devram Mali & Ors.

CIVIL APPLICATION NO. 3795 OF 2017 FIRST APPEAL NO. 506 OF 2002 2 / 7

Sudam Sakharam Mali CIVIL APPLICATION NO. 3797 OF 2017 FIRST APPEAL NO. 502 OF 2002 Dashrath Krishna Wadekar CIVIL APPLICATION NO. 3798 OF 2017 FIRST APPEAL NO. 507 OF 2002 Shri Ganpat Sakharam Mali Parvatabai Ganpat Mali & Ors.

CIVIL APPLICATION NO. 3799 OF 2017 FIRST APPEAL NO. 510 OF 2002 3 / 7

Sudam Shankarrao Pawar The Land Acquisition Officer No. 6,Pune & Ors. CIVIL APPLICATION NO. 3800 OF 2017 FIRST APPEAL NO. 514 OF 2002 Dattatraya Krishna Wadekar CIVIL APPLICATION NO. 3801 OF 2017 FIRST APPEAL NO. 509 OF 2002 Rambhau Ganpat Hundare Nathu Ganpat Hundare & Ors.

CIVIL APPLICATION NO. 3802 OF 2017 FIRST APPEAL NO.513 OF 2002 4 / 7

Shankar Balku Wadekar Govind Shankar Wadekar & Ors.

CIVIL APPLICATION NO. 3804 OF 2017 FIRST APPEAL NO. 501 OF 2002 Shri Dattatraya Laxman Bhosale CIVIL APPLICATION NO. 3818 OF 2017 FIRST APPEAL NO.503 OF 2002 Baban Bhika Mali .......

Mr.Gaurav Potnis i/b. Ms.Pallavi Potnis for the Applicants in all Civil Applications.

Mr. Yogesh Dabke, AGP for the State/Respondents. .......

5 / 7

CORAM: MRS.MRIDULA BHATKAR, J.

DATE :DECEMBER 05, 2017 P.C.:

1.

These Civil Applications are moved for restoration of First Appeal Nos. 500 of 2002, 511 of 2002, 505 of 2002, 508 of 2002, 512 of 2002, 515 of 2002, 506 of 2002, 502 of 2002, 507 of 2002, 510 of 2002, 514 of 2002, 509 of 2002, 513 of 2002, 501 of 2002 and 503 of 2002 respectively, which were dismissed for default by conditional order dated 2nd February, 2007 passed by this Court. 2.

Learned counsel for the applicants submits that these Appeals were admitted on 4th September, 2002. He further submits that these Appeals are filed under the Land Acquisition Act. The claimants have filed these Appeals for enhancement of the amount of compensation. He further submits that the applicants have not filed private paper book within stipulated time and, therefore, these Appeals were dismissed for default by conditional order dated 02nd February, 2007. He further submits that there are delay in filing the respective Civil Applications and hence, the same be condoned. He further submits that the parties want to take this matter before Lok Adalat, which is scheduled on 9th December, 2017.

6 / 7

3.

Learned AGP for the respondents-State confirms that these Appeals can be referred to Lok Adalat, which is scheduled on 9th December, 2017.

4.

In view of the submissions of the learned counsel for the applicants, the conditional orders dated 2nd February, 2007 of dismissing the respective First Appeals are hereby recalled. Delay in filing the respective Civil Applications are condoned. First Appeals are restored to their original file alongwith Civil Applications. 5.

Civil Applications are allowed and are accordingly disposed of. (MRIDULA BHATKAR, J.) 7 / 7