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Bombay High CourtCAF/2015/2018

Shri Namdeo Kashinath Mhatre And ORS v. The State Of Maharashtra (Through The Special Land Acquisition Officer)

2019-09-03Hon'Ble Shri Justice K.K. Tated2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2015 OF 2018 IN CROSS OBJECTION (ST) NO. 20772 OF 2015 IN FIRST APPEAL NO. 797 OF 2015 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Ms. Deepa Punde I/b Sachin Punde for the Applicant.

Mr. A.R. Patil, AGP for Respondent No.1 CORAM: K.K.TATED, J.

DATED : 03/09/2019 P.C.

Heard learned Counsel for the parties.

By this Civil Application, the Applicant is seeking restoration of Cross Objection (ST) No.20772 of 2015 which stands dismissed in view of conditional order dated 06.09.2017 passed by the learned Registrar (Judicial-II) for non removal of office objections.

The learned Counsel for the Applicant submits that inadvertently it remained on their part to remove all office objections. She submits that Applicant undertakes to remove all office objections within two weeks from today.

Considering the submissions made by the learned Counsel for the Applicant and as the Applicant undertakes to remove all office objections within two weeks from today, I Sneha Chavan 1/2

25 caf 2015-18=.odt am satisfied that Applicant has made out a case for allowing the Civil Application. At the same time, they have to pay costs of Rs.2,500/-.

Hence, following order is passed:

a) Order dated 06.09.2017 passed by the learned Registrar (Judicial-II), is set aside.

b) Cross Objection (ST) No. 20772 of 2015 is restored on file for hearing on its own merits.

c) Applicant to remove all office objections on or before 27.09.2019, failing which Civil Application shall stand dismissed without further reference to the Court.

d) Applicant to pay costs of Rs.2,500/-.

e) Costs to be deposited in Kirtikar Library, 1st floor, Bombay High Court, on or before 21.09.2019 and place on record a receipt to the effect, failing which Civil Application shall stand dismissed without further reference to the Court.

f) Civil Application stands disposed of accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2