Syed Izharul Islam Talib Nagshbandi (Deceased Through Lrs) Syed Lzharul Islam Talib Naqshbandi, ORS v. State Of Maharshtra, Through The Collector, Akola Another
30.3CAO.610.15
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR C.A.O. NO. 610/15 IN M.C.A. ST. NO. 5507/15 IN FIRST APPEAL NO. 580 OF 2005.
Syed Ale Mohiuddin Hadi Naqshbandi (Dead), through Syed Izharul Islam Talib Naqshbandi & others .vs. State of Maharashtra & another Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.
Mr. S.O. Ahmed, Advocate for applicants, Mrs. B.P. Maldhure, Assistant Government Pleader for respondent no. 1.
Mr. M.M. Agnihotri, Advocate for respondent no.2. CORAM : B.P. DHARMADHIKARI & S.B. SHUKRE, JJ. DATED : MARCH 30, 2015.
Heard Mr. S.O. Ahmed, learned Advocate for applicants. Mrs. B.P. Maldhure, learned Assistant Government Pleader for respondent no. 1 and Mr. Agnihotri, learned Advocate for respondent no.2 are seeking time to obtain instructions. However, we find that the First Appeal was dismissed for want of prosecution on 9.2.2015. It was admitted by this Court in 2005 and the land owners are seeking enhancement of compensation awarded to them. It appears that notice for engagement of another Counsel became necessary as earlier Counsel ceased to be in practice. The applicants required some time to make alternate arrangement and in that situation matter came to be dismissed. Though Mrs. B.P. Maldhure, learned Assistant Government Pleader for respondent no. 1 and Mr. Agnihotri, learned Advocate for respondent no.2 are opposing adjournment, we do not see any
30.3CAO.610.15 malafides and we condone the delay of 7 days in filing M.C.A. St. No. 5507/15. The application stands disposed of accordingly. M.C.A. ST. NO. 5507/15 :
The matter is taken up with consent of parties. We have already recorded the reasons while deciding the application for condonation of delay of 7 days today. We recall the order dated 9.2.2015 and First Appeal No. 580/05 is restored back to file. The application stands disposed of.
Respective Counsel waive notices after restoration. Judge Judge J.