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2013 DIGILAW 2027 (BOM)

Chandrashekhar Bhayaji Khawale v. State of Maharashtra, through its Collector

2013-09-30

A.B.CHAUDHARI

body2013
JUDGMENT 1. Rule. Rule is made returnable forthwith. Learned AGP Mr. Kadu waives service on behalf of respondent nos. 1 and 2, and learned Adv. Mr. Meghe, for respondent no.3. By consent, this Civil Revision Application is taken up for final hearing. 2. The learned counsel for the Revision Applicants invited my attention to para 4 of the Revision Application, and argued that despite transfer of the suit from one Court to another, neither Advocate, nor the party, i.e., the applicants had any intimation about the transfers. That is why, the parties could not appear and evidence could not be adduced. To substantiate his contention, he relied on the decision of this Court in the case of Appasaheb Mohanrao Chede Vs. State of Mah. & another [2011 (2) ALL MR 255] and also the copy of order-sheet which was produced before me in support of the said statement contained in para 4. 3. Learned counsel for the respondents supported the impugned judgment and order and submitted that the applicants did not adduce evidence and, therefore, no fault can be found with the impugned Judgment and Order. 4. Having heard learned counsel for the rival parties, I find that the averments in para 4 of the application, which I quote below, are true and correct:- “4. It is submitted that ill 09.03.2011 the above matter was pending before 3rd Joint C.J.S.D., Wardha for recording of evidence. But on 15.06.2011, it was transferred to the Court of Joint Civil Judge, Senior Division, Wardha for trial. It is submitted that neither petitioners/applicants nor their Advocate were informed about the above transfer. They had also no knowledge from any other source with regard to the above transfer of the matter from the Court of 3rd Joint Civil Judge, Senior Division, Wardha, to the Court of Joint Civil Judge, Senior Division, Wardha. As a result of it, on 15.06.2011 or thereafter neither petitioners/applicants nor their Advocate could remain present before Court of learned Joint Civil Judge, Senior Division, Wardha for adducing evidence. .....” 5. I have perused the order-sheet produced before me. In my opinion, the order-sheet supports the statement made in para 4 of this Revision Application. 6. Thus, even after transfer of case from one court to another, as stated in para 4 above, neither Advocate, nor the party was made aware about said transfer. 7. .....” 5. I have perused the order-sheet produced before me. In my opinion, the order-sheet supports the statement made in para 4 of this Revision Application. 6. Thus, even after transfer of case from one court to another, as stated in para 4 above, neither Advocate, nor the party was made aware about said transfer. 7. Hence, I hold that the applicants were not at fault in not attending the Court for adducing evidence before it in support of their claim. In the result, I make the following Order:- ORDER [a] The impugned Judgment and Order dated 28th June, 2011 passed by the learned Joint Civil Judge [Senior Division], Wardha, in Land Acquisition Case No. 579 of 2005 is set aside. [b] The proceedings of Land Acquisition Case No. 579 of 2005 are remitted to the Trial Court for hearing and fresh disposal in accordance with law. The parties shall before the Trial Court on 21st October, 2013. [c] The Trial Court shall proceed to decide the Reference in accordance with law, in any case within six months.