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Bombay High CourtCA/8106/2018disposed offdismissed for default

Ashok Uttareshwar Jadhwar v. The State Of Maharashtra And ORS

2018-07-04Hon'Ble Shri Justice K. K. Sonawane2 pages

1 924 CA-8106-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 924 CIVIL APPLICATION NO. 8106 OF 2018 IN FA/4359/2016 ASHOK UTTARESHWAR JADHWAR

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicant : Mr. Nilkanth P. Bangar AGP for Respondent No. 1 : Ms. S.S. Raut ...

CORAM : K.K. SONAWANE, J.

DATED : 4th JULY, 2018.

Order :- 1.

Heard learned counsel for applicants and learned AGP for respondent No. 1. Perused the application.

2.

Admittedly, proceedings of first appeal No. 4359 of 2016 came to be dismissed for want of payment of printing charges on the part of appellants. The proceedings of first appeal is filed from the Reference Petition filed under section 18 of the Land Acquisition Act, 1894. The applicants undertake to deposit the requisite charges of printing within a period of three weeks, in case, proceeding of first appeal came to be restored to its original stage. 3.

In view of nature of the subject-matter and submissions on the part of learned counsel for the applicants, there is no impediment to allow the application. Accordingly, the application is allowed in terms of prayer clauses "b and c". The delay caused in filing the application stands condoned. The proceeding of first appeal No. 4359 of 2016 is restored to its original stage. Registry to take requisite steps for further process. After restoration of the appeal, the appellant shall deposit printing charges within a period of two weeks. Failure to which, present order shall stand vacated automatically without further reference to the Court.

4.

The civil application stands disposed of accordingly. [ K. K. SONAWANE ] JUDGE

2 924 CA-8106-18 MTK.