Judgement set aside and Appeal restore to file.

High court bombay order. 3. This Court by a judgement and order dated 11th December, 2017 in the case of Shri Vilas G. Bhujbal Vs. Smt. Pushpa C. Dabhade has held that the Sub Divisional Officer was not empowered to decide the appeal under Section 23(2A) of the Mamlatdar Court Act, 1906. The Sub-Divisional Officer thus had no jurisdiction to pass any order on the said Appeal No. 67 of 2011. The said appeal could be decided only by an officer who is specifically described and who can be delegated with such powers by the Collector. Sub-Divisional Officer is not one of the Officer who can be delegated with such powers. 4. Judgement and order dated 12th October, 2012 in Appeal No. 67 of 2011 is thus set aside. Appeal No. 67 of 2011 is restored to file. The said appeal shall be heard by the Collector or by one of the Officer described in Section 23(2A) of the Mamlatdar Court Act, 1906 in accordance with law. 5. The authorised appellate officer shall decide the matter afresh and in accordance with law without being influenced by the observations made and conclusions drawn in the order dated 12th October, 2012. The appeal shall be disposed of expeditiously and in any event within three months from the date of communication of this order. Q. Who will restore file to collector? Highcourt, appellant or despondent.