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Bombay High CourtCA/2275/2019admittedallowedgrantedrule absolute

Komalsing Chindha Rajput (Girase) And ORS v. The State Of Maharashtra And ORS

2024-12-16Hon'Ble Shri Justice N. B. Suryawanshi1 pages

2024:BHC-AUG:29874 1 28-CA-2275-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2275 OF 2019 IN RC/1132/2018 KOMALSING CHINDHA RAJPUT (GIRASE) AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. S.P. Salgar, Advocate h/f Mr. Anant R. Devakate, Advocate for Applicant Mr. R.D. Raut, AGP for Respondents/State ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 16th DECEMBER, 2024 PER COURT :

1.

Heard.

2.

This application is for restoration of first appeal, registration of which was refused on 24/07/2018. There is delay of 167 days caused in filing present application. 3.

Learned AGP strenuously opposed the application stating that no case is made out by applicants for restoration of first appeal.

4.

For the reasons stated in the application, delay is condoned and the application is allowed in terms of prayer clause 'B' and 'C', on condition that applicants shall not be entitled for interest for the period from 24/07/2018 till the objections are removed. Objections to be removed, within four weeks from today. (NITIN B. SURYAWANSHI, J.) SVH