Disposed

Somnath Namdeo Nagare v. Manda Baban Ghuge and Others

Bombay HC6 Jan 2023CA/4207/2022

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging an order dismissing a revision application for want of prosecution. The Court granted liberty to the petitioner to file an application for restoration of the revision before the Sub-Divisional Officer.

What did the court decide?

Liberty granted to the petitioner to apply for restoration of the Revision Application before the Sub-Divisional Officer.

Somnath Namdeo Nagare Vs Manda Baban Ghuge and Others — Land Acquisition | Bombay HC (2023)

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1-WP-3945-2022.odt

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Pooja K.

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 3945 OF 2022 WITH CIVIL APPLICATION NO. 4207 OF 2022 IN WRIT PETITION NO. 3945 OF 2022

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Somnath Namdeo Nagare … Petitioner Versus Manda Baban Ghuge and Ors. … Respondents

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Mr. K.P. Jadhav – Advocate for Petitioner Mr. D.R. Markad – Advocate for Respondent No.1

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CORAM : GAURI GODSE, J. DATE : 6^th January, 2023

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PER COURT :

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This petition is filed for challenging the order dated 3^rd April, 2018 passed by the Sub-Divisional Officer, Shrirampur in R.T.S. Appeal No. 7 of 2017. The learned counsel for the petitioner states that though the proceedings are numbered as appeal, in fact it is a revision application that is filed by the petitioner. By this order Revision Application of the petitioner filed under Section 23 of the Mamlatdars Courts Act is dismissed for want of prosecution. Perusal of the order shows that, various notices were issued to the petitioner however, he did not attend the hearing.

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1-WP-3945-2022.odt

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Learned counsel appearing for respondent no.1 states that, even the present revision is filed beyond a period of one year and there is no explanation given for the delay.

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Considering the fact that the petitioner is ready to make an application before the Sub-Divisional Officer for restoration of the Revision Application (R.T.S. Appeal No. 7 of 2017), this Writ Petition is disposed of with liberty to make an application to the Sub-Divisional-Officer, for restoration of the Revision Application.

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If such application is filed within two weeks from today, the Sub-Divisional-Officer shall decide the Revision Application on its own merits and in accordance with law, uninfluenced by the observations made in the order impugned in this writ petition, as well as this order.

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Petitioner shall serve the copy of application upon the respondent no.1 in advance.

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Writ Petition is disposed of in the above terms.

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[ GAURI GODSE ] JUDGE

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Somnath Namdeo Nagare v. Manda Baban Ghuge and Others

Case brief

What is this about?

What did the court decide?

Somnath Namdeo Nagare v. Manda Baban Ghuge and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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