The State Of Maharashtra v. Vithoba Pandurang Lakde And ANR

1 51-CA-10168-10

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 51 CIVIL APPLICATION NO. 10168 OF 2010 IN FAST/17948/2010 THE STATE OF MAHARASHTRA AND ANR

VERSUS

VITHOBA PANDURANG LAKDE DIED THR LRS KACHRU AND ANR ...

AGP for Applicants : Mr. S.R. Yadav CORAM : K.K. SONAWANE, J.

DATED : 13th NOVEMBER, 2017.

Order :- 1.

Heard learned AGP for the appellant. This Court under order dated 23-09-2013 granted opportunity to the applicant appellant- State to take steps against unserved respondent No. 1. It was ordered that in case steps are not taken, the matter will be dismissed as against unserved respondent. Unfortunately. The applicant State did not take any steps, accordingly proceeding of civil application came to be dismissed against respondent N0. 1 - original Claimant. Only respondent No. 2-Acquiring Body remained in the array of respondents on record to contest the present application. 2.

In view of the nature of subject-matter and interest of the Acquiring Body being formal party, there is no propriety to proceed further for condonation of delay. It would be futile efforts. Sufficient opportunity was granted to the applicant-State since 2012 for securing presence of respondent-original claimant, but all efforts found unavailing. In view of the above, application for condonation delay stands dismissed.

Sd/- [ K. K. SONAWANE ] JUDGE MTK