← Library
Bombay High CourtCA/3069/2013disposed offdismissed for default

Jumma Shah Burhan Shah v. The Special Land Acquisition Officer, Dhule

2020-01-09Hon'Ble Shri Justice K. K. Sonawane1 pages

1 947-CA-3069-13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 947 CIVIL APPLICATION NO. 3069 OF 2019 IN X-OBJECTION STAMP NO. 2134 OF 2013 JUMMA SHAH BURHAN SHAH (DIED) THR LRS BHIKIBAI AND ORS

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER, DHULE AND ORS ...

Advocate for Applicants : Mr. M.R. Malpani h/f Mr. Ajeet B. Kale AGP for Respondents No. 1 and 2 : Mr. S.P. Deshmukh Advocate for Respondent No. 3 : Mr. S.S. Dande ...

CORAM : K.K. SONAWANE, J.

DATED : 9th JANUARY, 2020.

ORDER :- 1.

Heard learned counsel for appearing parties.

2.

Present application is filed by applicant - Jumma Shah Burhan Shah seeking condonation of delay for filing cross-objection in the proceeding of appeal preferred by Acquiring Body bearing First Appeal No. 1044 of 2011. It is to be noted that present application is filed by applicant - Jumma Shah Burhan Shah himself in-person. But, he is no more and died in the year 2014. His legal heirs are not brought on record for seeking relief of condonation of delay nor they filed any cross -objection. In such circumstances, present application cannot be entertained for the relief as prayed for. Therefore, present application being inapt deserves to be dismissed.

3.

Accordingly, present Civil Application stands dismissed. No order as to costs.

[ K. K. SONAWANE ] JUDGE MTK