Muktabai Bhika Lokhande And ORS v. Grampanchat Fardapur Through Sarpancha Padmabai S Damodhar And ANR

464.2011 CA

IN THE HIGH COURT OF JUDICATURE OF BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO. 464 OF 2011 IN SECOND APPEAL NO. 147 OF 2010 Muktabai W/o Bhika Lokhande & others ...

Applicants

Versus

Grampanchayat Fardapur, Tq. Soyagaon, Dist. Aurangabad & another ... Respondents .....

Mr. Sk. Aspak T. Patil , Advocate for Applicants .....

CORAM : RAVINDRA V. GHUGE, J.

DATED : 18th MARCH, 2015 PER COURT :

1.

By this application, the applicants pray for condonation of delay of 148 days caused in filing of this Civil Application for seeking restoration of the Second Appeal which is dismissed on 27-07-2010 for non removal of office objections. 2.

Both the respondents are absent though served. 3.

The applicant has set out the reasons in support of seeking condonation of delay in paragraph No. 3, 4, 5 & 6 of the Civil Application. I do not find that the delay caused is deliberate.

464.2011 CA 4.

In the light of the above, this Civil Application is allowed. Delay of 148 days is condoned. Order passed by this Court dated 27-07-2010 is recalled . The applicant shall deposit an amount of Rs. 2,000/- with the High Court Advocates' Bar Library, Aurangabad. I am not awarding costs to the respondent because they have not appeared in the matter though served. 5.

The applicant shall remove all office objections within a period four weeks from today and deposit the said costs within two weeks. In the event the costs are not deposited and if the objections are not removed, this order shall stand recalled, this Civil application stand rejected and the order dated 27-07-2010 shall stand restored.

( RAVINDRA V. GHUGE, J. ) SDM*March-2015 DD