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2023 Supreme(UK) 167

SHARAD KUMAR SHARMA
Collector Dehradun – Appellant
Versus
Harish Joshi – Respondent


Advocates Appeared:
For the Appellants : Mr. Alok Mahra.
For the Respondents: Mr. Yogesh Chandra Tiwari, Standing Counsel, Mr. Shobhit Saharia.

JUDGMENT :

Sharad Kumar Sharma, J.

These two First Appeals, being First Appeal No. 107 of 2018, Collector, Dehradun and another Vs. Harish Joshi and others, and First Appeal No. 106 of 2018, Collector, Dehradun and another Vs. Shri Bhaskara Nand Joshi and others, have been preferred under Section 54 of the Land Acquisition Act, as against the impugned awards, which were under challenge.

2. Despite of several opportunities being granted, when the Court fee was not remitted, the matter was taken up in the light of the provisions contained under Order 7 Rule 11 (c) of the CPC, and the same was decided by this Court by the judgment of 29th August, 2019, holding thereof, that since the requisite court fee has not been remitted, the plaint deserves to be rejected, in view of the provisions contained under Order 7 Rule 11 (c).

3. The aforesaid judgment of 29th August, 2019, as rendered in each of the First Appeal is sought to be reviewed by preferring a Review Application on 15th October, 2022, along with the Delay Condonation Application, seeking condonation of 305 days of delay in each of the Review Application.

4. The Delay Cononation Application is being vehemently opposed by the responden

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