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The City Technology Park Llp , Through ... vs Shri. Nandu Shivaji Buchade And Ors on 5 February, 2020

Author: C. V. Bhadang

Bench: C. V. Bhadang

                                                          914 -WP. 9366 -17

VPH
              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION

                       WRIT PETITION No. 9366 OF 2017

      The City Technology Park LLP                       ...     Petitioner
           Vs.
      Nandu Shivaji Buchade & Ors.                       ...     Respondents
                                         ***
      Mr. Drupad S. Patil, for the Petitioner.
      Mr. D. D. Rananaware, for Respondent No. 1.
                                         ***
                                      CORAM : C. V. BHADANG, J.

                                      DATE      : FEBRUARY 5, 2020
      PC :

1. The challenge in this petition is to the order dated 4 th March, 2017 passed by the Sub-Divisional Officer, Haveli (for short "SDO"), condoning the delay of about 7 years in filing RTS Appeal No. 233 of 2016. The only contention raised on behalf of the Petitioner is that the SDO has condoned the delay without any reasons worth the name.

2. The learned counsel for the first Respondent submits that the Petitioner has efficacious remedy against the impugned order of filing an appeal under Section 247 of the Maharashtra Land Revenue Code, 1966.

3. On hearing the counsel for the parties, the Petition is disposed of granting liberty to the Petitioner to avail of the remedy of 1 / 2 914 -WP. 9366 -17 appeal under Section 247 of the Maharashtra Land Revenue Code, 1966. If such an appeal is filed, alongwith an application for condonation of delay, the appellate authority shall take into consideration the provisions of Section 5 read with 14 of the Limitation Act, having regard to the pendancy of this Petition from 11 th July, 2017 till today.

4. Further, in order to enable the Petitioner to avail of the remedy of Appeal it is directed that the proceedings in RTS Appeal No. 233 of 2016 before the learned SDO shall remain stayed for a period of three weeks from today.

5. Rival contention of the parties, on merits, are left open.

6. In the circumstances, there shall be no order as to costs.

Sd/-

C. V. BHADANG, J.

by Vinayak P.

Vinayak    Halemath
P.         Date:
           2020.02.07
Halemath   15:11:18
           +0530




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