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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO. 1333 OF 2018

GANGADHAR RAMDAS KALAMKAR AND ANOTHER

VERSUS

THE SUB DIVISIONAL OFFICER AHMEDNAGAR AND OTHERS

Advocate for Petitioners : Shri A.K. Gawali.

AGP for Respondent No. 1 : Shri S.R. Yadav-Lonikar.

CORAM : RAVINDRA V. GHUGE, J.

Dated : 05^th February, 2018

PER COURT :

1.

The petitioners are aggrieved by the order dated

18/11/2017 and consequentially, the order dated 24/04/2017

(original order dated 23/01/2017).

2.

Learned counsel for the petitioners has strenuously criticized

the impugned order, primarily for the reason that a delay of two

years and eleven months has been condoned casually and the issue

whether the appeal preferred by the respondent was maintainable or

not, has not been considered by the M.R.T. as well as by the S.D.O.

Reliance is placed on the judgment of the Hon’ble Apex Court in the

matter of Smt. Jatan Kanwar Golcha Versus M/s. Golcha

Properties Private Ltd.,[AIR 1971 SC 374) and on the judgment of

the Gujarat High Court in the matter of Thakor Jamasherkhanji

Tajkhanji & another Versus Rajgor G.V. Deceased by