1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 5749 OF 2009 IN CIVIL APPLICATION ST. NO. 3603 OF 2009 IN FIRSTAPPEAL ST. NO. 3602 OF 2009 Nagin Murar Patil Died through his legal heirs - - Applicants Versus The Special Land Acquisition Officer and another - - Respondents Shri R. C. Patil, Advocate for the applicants. Shri J. S. Gaware, A. G. P. for the respondents/State. CORAM : K. U. CHANDIWAL, J. DATE : 18TH JUNE, 2009. PER COURT : 1. Heard Mr. Patil counsel for the appellant/original claimant. The claimant Nagin Patil expired. His six legal representatives were brought on record, however inadvertently in the judgment under challenge legal representative No. 6 Nitin Nagin Patil is left to be mentioned. The office pointed this flaw to the counsel to correct. But the counsel could not do it. This Court granted six weeks time to do or rectify the mistake, which also the counsel could not do and it was ultimately by order dated 20th 2 April, 2009, the appeal is dismissed for non prosecution. 2. The difficulties expressed by the counsel for the appellant, obviously are not deliberate and equally they are beyond his control to rectify within the time schedule, as there was summer vacations and movement of the particular file with the concerned authorities was a tedious task. The rights of the claimants due to the so called inadequate compensation should not be fend for its technical flaw. In the situation the order of dismissal of appeal is set aside. Further four weeks time is granted to the counsel to rectify the record and bring the corrected certified copies before this Court. Civil application allowed. [ K. U. CHANDIWAL ] JUDGE bsb/June 09/CA 5749.09