FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.467 OF 2009 ___________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|___________________________________ This writ petition is filed praying for setting aside the order dated 18.6.2007 thereby closing file proceeding bearing appeal no.241 of 2007 and order dated 20.7.2007 rejecting restoration application passed by Deputy Director, Land Records, Aurangabad. 2 The learned Counsel for the petitioner invited my attention to page no.16 and submitted that on only one date i.e. On 23rd April, 2007, nobody appeared for the petitioner. However, on subsequent dates the petitioner was present but, he came late since he has to come from Parbhani and, therefore, the learned Counsel would submit that the right of appeal of the litigant is a valuable right and there is no adjudication on merits and appeal is dismissed for non prosecution. Therefore, he prays that the impugned orders may be set aside by restoring the appeal No.241 of 2007 to its original file. 3 The learned A.G.P. invited my attention to the contents of the affidavit-in- reply and submitted that on many occasions, the petitioner was not present for hearing and ultimately, the appeal along with application for condonation of delay came to be dismissed for non prosecution. 4 After hearing the learned Counsel for the petitioner and A.G.P. for the State, I am of the considered view that the order dismissing the appeal along with application for condonation of delay for non prosecution, is not sustainable. The Counsel for the petitioner is right in contending that the right of appeal is a valuable right and in the interest of justice, it is necessary that there should be adjudication on merits of the matter. On perusal of the affidavit-in-reply, I find that though it is mentioned that on many dates the petitioner was not present but, perusal of the Roznama would show that the petitioner was absent only on 23rd April, 2007 and, thereafter, though the petitioner was present but, arrived late in the office of the Deputy Director of Land Records, Aurangabad. 5 Taking overall view of the matter and without entering into the controversy raised by the parties, it would be in the interest of justice that the appeal no.241 of 2007 along with application for condonation of delay is restored to its original position for adjudication of the matter on merits. 6 Accordingly, the writ petition is allowed in terms of prayer clause (B). The appeal No.241/2007 filed by the petitioner along with application for condonation of delay is restored to its original position which shall be heard and decided by the concerned authority within six months from today. It is made clear that the first date for appearance of the petitioner before the concerned authority will be 31st August, 2008. Writ Petition is allowed, accordingly and disposed of. (S.S. SHINDE, J). 10.08.2009. PLK/#