Prataprao Prabhaji Kshirsagar And Others v. The State Of Maharashtra, Through District Collector, Beed And Another

C.R.A. No.103/2018 (( 1 ))

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO.103 OF 2018 Prataprao s/o Prabhaji Kshirsagar & ors. ...

APPLICANTS

VERSUS

The State of Maharashtra & anr.

...

RESPONDENTS .....

Shri G.K. Naik Thigale, Advocate for applicants Shri S.M. Kulkarni, Advocate for respondents .....

CORAM: R.G. AVACHAT, J.

DATED :

28th AUGUST, 2019.

O R D E R :

The challenge in this revision application is to the order dated 10/10/2016, passed by Jt. Civil Judge, Senior Division, Beed in Land Acquisition Reference (L.A.R.) No.414/2011. By the impugned order, the Reference came to be dismissed and the prayer for enhancement of compensation has been turned down. 2.

Heard Mr. G.K. Naik Thigale, learned counsel for the applicants and Mr. S.M. Kulkarni, learned counsel for respondents. Perusal of the impugned judgment indicates that, the applicants herein did not mark their presence before the Court seized of the

C.R.A. No.103/2018 (( 2 )) matter. The judgment further indicates that, it came to be dismissed on account of failure of the applicant to lead evidence due to consistently remaining absent before the Court. 3.

Since the matter needs to be heard on its own merits and the applicants have now come around to submit that they would pursue the matter diligently, the Civil Revision Application needs to be allowed. Hence, the following order :

O R D E R

The Civil Revision Application is allowed. The order dated 10/10/2016, passed by Jt. Civil Judge, Senior Division, Beed dismissing the Land Acquisition Reference No.414/2011 is set aside.

The matter is remanded back to the Court of Jt. Civil Judge, Senior Division, Beed for deciding afresh. (R.G. AVACHAT) JUDGE fmp/-