1 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 5092 OF CIVIL APPLICATION NO. 5092 OF CIVIL APPLICATION NO. 5092 OF 2003 2003 2003 IN IN IN FIRST APPEAL NO. 1021 OF 2000 FIRST APPEAL NO. 1021 OF 2000 FIRST APPEAL NO. 1021 OF 2000 The State of Maharshtra (Through the Special Land Acquisition Officer, CIDCO, .. Applicant. Project, Nashik.) (Orig.Opponent) V/s. Mr.Gangaram Dagu Gaikwad (Since deceased, through his .. Respondents legal heirs.) & Ors. (Orig.Claimants) Ms.S.Gajare, A.G.P. Mr.None for Respondents. CORAM : S.S.SHINDE, J. CORAM : S.S.SHINDE, J. CORAM : S.S.SHINDE, J. DATE : APRIL 22ND, 2008. DATE : APRIL 22ND, 2008. DATE : APRIL 22ND, 2008. P.C. P.C. P.C. . This Court on 28th January, 2008 passed the following order : :: O R D E R :: 1. Rule returnable on 22nd April, 2008. In addition to service of notice through Court, the Applicant shall serve a private notice by Registered Post A.D. and/or by courier service and/or by hand delivery and shall file affidavit of service before the returnable date. If compliance is not made, the application shall stand dismissed for non prosecution without further reference to the Court. 2. In the above mentioned order, this Court directed to file affidavit of service before the returnable date 2 i.e. 22nd April, 2008. Today the matter is on board and affidavit of service has not been filed by the Appellant/Applicant. In fact the Application should not have been placed before this court since last portion of the earlier order dated 28th January, 2008 says that if compliance of the order dated 28th January, 2008 is not made, the application stands dismissed for non prosecution without further reference to the Court. 3. In view of the order dated 28th January, 2008 for non compliance of that order by the Applicant/Appellant this Civil Application 5092 of 2003 is dismissed. (S.S.SHINDE,J.) (S.S.SHINDE,J.) (S.S.SHINDE,J.)