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Bombay High CourtCA/3107/2017disposed off

The Commissioner,Aurangabad Municipal Corporation,Aurangabad v. Mohan Anandrao Deshmukh And Others

2023-01-13Hon'Ble Ms. Justice Gauri Godse3 pages

SGA

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.2629 OF 2022 IN CIVIL APPLICATION NO. 152 OF 2018 IN SECOND APPEAL (STAMP) NO. 5306 OF 2017 WITH CIVIL APPLICATION NO. 3107 OF 2017 IN SECOND APPEAL NO. 48 OF 2015 Mohan Anandrao Deshmukh ... Applicant

Versus

The Commissioner, Aurangabad and others ... Respondents ...

Mr. A.B. Chormal h/f Mr. V.R. Patil - Advocate for applicant in Civil Application No.2629 of 2022 and for respondent no.1 in Civil Application No. 3107 of 2017 Mr.A.P. Bhandari - Advocate for applicant no.3107 of 2017 and for respondent no.1 in Civil Application No.2629 of 2022. Mr. S.B. Pulkundwar - AGP for respondent no.1/State. ...

CORAM : GAURI GODSE, J.

DATE : 13th January, 2023 PER COURT :

Civil Application No. 3107 of 2017 :

1.

This application is for restoration of second appeal no. 48 of 2015 and civil application no. 1931 of 2015, which was dismissed as per order dated 21st December, 2016. This 1/3

application is within time.

2.

For the reasons stated in the application, the application is allowed in terms of prayer clause "B", which reads thus :- "B) Second Appeal No.48/2015 and Civil Application No.1931/2015 be restored to its original position and may kindly be heard on its own merit."

3.

The civil application is disposed of.

Civil Application No.2629 of 2022 :

1.

This application is filed for restoration of application for condonation of delay, which was dismissed in default by order dated 4th December, 2021. All respondents are represented. There is no objection for allowing the application. Delay in filing the civil application is condoned. The application is allowed in terms of prayer clauses "B", which read thus :

"B) To quash and set aside dismissal order dated 04.12.2021 thereby, direct the Registry to restore appeal to its original position by condoning delay if any for filing present civil application and for that purpose issue necessary orders.

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2.

Civil application is disposed of.

[ GAURI GODSE ] JUDGE 3/3