Devidas Vithoba Mahajan (Died) Thr Lrs. Narmadabai Devidas Mahajan And ORS v. The Special Land Acquisition Officer, U.T.P., Hatnur-1, Jalgaon And Another

{1} ca1120.23.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1120 OF 2023 IN REJECTED CASE NO. 804 OF 2007 IN FIRST APPEAL ST. NO. 12960 OF 2007 AND CIVIL APPLICATION NO. 1121 OF 2023 IN REJECTED CASE NO. 807 OF 2007 IN FIRST APPEAL ST. NO. 12963 OF 2007 AND CIVIL APPLICATION NO. 1122 OF 2023 IN REJECTED CASE NO. 818 OF 2007 IN FIRST APPEAL ST. NO. 12486 OF 2007 Mr. A. B. Kale, advocate for the Applicants Mr. A. B. Chate, Mr. B. V. Virdhe and Mr. S. N. Kendre, AGPs for the Respondent-State.

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 07th February, 2023.

PC :

Heard rival submissions.

The respective applicants are seeking setting aside the order dated 14.08.2007 whereby registration of their First Appeals was refused for non removal of offce objections. It is signifcant to note that the appeal memos and annexures are also destroyed since the applicants did not take diligent steps to restore the matters earlier. Moreover, there is also huge delay of 5559/5566 days. Under such

{2} ca1120.23.odt circumstances, certain cost needs to be imposed upon the applicants for their negligent approach.

As such, the order dated 14.08.2007 stands recalled and the First Appeals of the applicants are restored to its original stage i.e. for removal of offce objections. The applicants shall remove all the offce objections within three weeks from the date of this order. They shall also deposit cost of Rs.2000/- (Rs. Two Thousand) in each appeal payable to the Bar library of Advocates' Association of Bombay High Court at Aurangabad. Removal of offce objections and deposit of cost shall be condition precedent for such restoration. It is further directed that the applicants shall not be entitled for any interest for the aforesaid period of delay of 5559/5566 days if any enhancement of compensation is granted to the applicants in their appeals.

Civil Applications are disposed of.

(SANDIPKUMAR C. MORE) JUDGE adb