The Agricultural Produce Market Committee Tuljapur v. Babu Vishwanath Sakhare Died Lrs Gaurishankar And Others

1 922 CA-3420-13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3420 OF 2013 IN FA/64/2012 THE AGRICULTURAL PRODUCE MARKET COMMITTEE TULJAPUR

VERSUS

BABU VISHWANATH SAKHARE DIED LRS GAURISHANKAR AND OTHERS ...

Advocate for Applicant : Mr. G. V. Patil.

...

CORAM : K.K. SONAWANE, J.

DATED : 21ST NOVEMBER, 2017.

Order :- Heard learned counsel for applicant. Perused the application. It reveals that, the applicant (appellant) did not deposited printing charges nor supplied the copies, therefore, learned Registrar dismissed the appeal for non-prosecution as per Rule 1, 2(iii) of Chapter-VII of the Bombay High Court Appellate Side Rules, 1960. 2.

The appellant is ready to deposit the printing charges as well as ready to supply the copies of requisite documents for further process. The matter pertains to the land acquisition. The Acquiring Body is intending to agitate the findings of learned Reference Court in regard to exorbitant market value being awarded for land under acquisition.

3.

In view of nature of subject matter and submission on the part of applicant, the application is allowed in terms of prayer clause 'B'. The Order of dismissal of appeal dated 29-01-2013 passed by Registrar is hereby set-aside and quashed. The First Appeal No. 64 of 2012 be restored at it's original stage. After restoration of appeal, applicant (appellant) shall comply all the procedural formalities i.e. print, etc. and supply requisite documents within a period of two weeks. Failure to which, the order passed by this Court stands vacated automatically. Accordingly, civil application stands disposed of in above terms.

[ K. K. SONAWANE ] JUDGE rrd.