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Bombay High CourtIA/7186/2025allowed

The State Of Maharashtra Through The Special Land Acquisition Officer v. Kalu K Gharat-Dead Thr Lrs Dattatray K Gharat Deceased Thr Lrs 1-Janabai Dattatray Gharat And ORS

2025-04-17Hon'Ble Justice Sharmila U. Deshmukh2 pages

59-IA 7186-25 IN FA-.doc JYOTI RAJESH MANE IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION by JYOTI RAJESH MANE Date: 2025.04.22 11:28:38 +0530 INTERIM APPLICATION NO. 7186 OF 2025.

IN FIRST APPEAL ST. NO. 2909 OF 2020.

The State Of Maharashra Thr. The Special Land Acquisition Officer ...Applicant.

Versus

Kalu K. Gharat Deceased Thr. Lrs. Dattatray K. Gharat Deceased Thr. Lrs. Janabai D. Gharat And Ors

...Respondent.

------ Mr. M.S. Sonavane, AGP for the Applicant.

------ Coram : Sharmila U. Deshmukh, J.

Date : April 17 , 2025.

P. C. :

1.

Interim application has been preferred seeking recall of the Order dated 9th July 2024, passed by the Registrar Judicial-II, dismissing the First Appeal qua the unserved Respondent No.7 and for condonation of delay of 29 days.

2.

Mr. Sonavane, learned AGP would submit that as the current address of Respondent No.7 was not available necessary steps could not be taken which led to passing of the Order dated 9th July 2024. He submits that subsequently the fresh address of the Respondent No.7 has been obtained and the same is mentioned in the Application. 3.

As the fresh address of Respondent No.7 was not available, Mane 1 of

59-IA 7186-25 IN FA-.doc necessary steps could not be taken for service resulting in order dated 9th July, 2024. In view of fresh address having been obtained, the order of 9th July, 2024 is recalled after condoning the delay. 4.

As the fresh address of Respondent No.7 has been obtained let the First Appeal and the Interim Application be amended to incorporate the fresh address of the Respondent No.7. 5.

Amendment to be carried out within a period of three weeks. 6.

Interim Application is allowed.

[Sharmila U. Deshmukh, J.] Mane 2 of