MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION Vs. GAURISHANKAR

JUDGEMENT

(1.) The appeal was delayed by 1193 days. As such, this Court ordered notice at the behest of acquiring body on 1/8/2012. The office report shows that the respondent No.1-land owner died sometime in the year 2011 i.e. before the presentation of this appeal. The Registrar Judicial accordingly passed an order on 8/1/2013, thereby ordering abatement of appeal against the respondent No.1. The matter was thereafter, remained pending and the counsel for the appellant had taken certain efforts for bringing legal heirs of the respondent No.1 on record, as can be noticed from the order dtd. 16/8/2013 and the consistent orders, thereafter passed upto 3/3/2017.

(2.) It appears that, on 3/3/2017, this Court having noted that though the legal heirs of respondent No.1- land owner served, none appears to oppose the prayer and hence accepted the prayer for condonation of delay in preferring application for setting aside abatement and for bringing legal heirs on record.

(3.) However, from the observations made above, it is apparent that the proposed legal heirs of respondent No.1 i.e. 1-C was not served, still appears to have been shown to be served on that day.