Prakash S/O Krishnarao Bhusari v. State Of Maharashtra, Through The Collector, Wardha And 2 Others

1 fa 455.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

First Appeal No.

of 20 [Prakash S/o Krishnarao Bhusari ..vs.. State of Maharashtra through the Collector, Wardha and ors.] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. M. R. Kavimandan, AGP for respondent nos. 1 and 2 Mr. M. A. Kadu, Advocate for respondent no. 3 CORAM : ANIL L. PANSARE J .

DATED : 18-01 -202 None appears for the appellant.

The appeal is, therefore, dismissed under Rule 17 of Order XLI of the Code of Civil Procedure, 1908. (Anil L. Pansare, J.) Later on, Smt. S. W. Deshpande, leaned counsel for the appellant makes a request to recall the order of dismissal. She submits that she will diligently attend the matter. In view of the assurance, order of dismissal has been recalled.

Civil Application (CAF) No. 133 of 2024 Heard.

By present application, the applicant is seeking to condone the delay of 559 days in filing application for setting aside abatement and for bringing legal representatives of appellant on record. The applicants are the legal representatives of appellant.

2 fa 455.2019.odt Learned counsel for non-applicant no. 3 and learned Assistant Government Pleader have no serious objection, if the application is allowed considering the fact that the issue involved is as regards compensation of the land that has been acquired.

In view of the above and for the reasons set out in the application, the application is allowed. Delay is condoned. The legal representatives of the appellant are brought on record.

The applicants shall carry out amendment within five working days and serve the amended copy upon the respondents.

The application is disposed of in above terms. First Appeal No. 455 of 2019 Learned counsel for the appellants submits that the issue has already been decided by this Court in another appeal. She seeks time to place on record details and copy of the judgment.

Learned counsel for the appellants shall handover copy of judgment to the learned counsel for respondents well in advance.

(Anil L. Pansare, J.) wasnik