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Bombay High CourtCA/1123/2023disposed off

Bhagwan Kadu Chaudhari (Died) Thr Lrs Bhikubai And ORS v. The State Of Maharashtra And Others

2023-02-10Hon'Ble Shri Justice Sandipkumar C. More2 pages

1 906, 907 & 912 ca 1118-23+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 906 CIVIL APPLICATION NO.1118 OF 2023 IN RC/560/2019 VISHRAM AMRUT PATIL THR LRS. UTTAM VISHRAM PATIL AND ORS

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicants : Mr. More Kumar Gaurav M. AGP for Respondents-State: Mr. B. V. Virdhe ...

AND 907 CIVIL APPLICATION NO.1123 OF 2023 IN RC/1288/2019 BHAGWAN KADU CHAUDHARI (DIED) THR LRS BHIKUBAI AND ORS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicants : Mr. More Kumar Gaurav M. AGP for Respondents-State: Mr. A. B. Chate ...

AND 912 CIVIL APPLICATION NO.1802 OF 2023 IN RC/602/2019 WITH CA/1803/2023 IN RC/604/2019 SUBHASH RAGHO PATIL

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicant : Mr. More Kumar Gaurav M. AGP for Respondents-State: Mr. A. B. Chate ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 10/02/2023.

P. C. :

1.

Heard rival submissions.

2.

All these applicants are seeking setting aside the respective orders as mentioned in the applications, whereby registration of their frst appeals was refused for non-removal of offce objections.

2 906, 907 & 912 ca 1118-23+ 3.

It is signifcant to note that the memo of these appeals and annexures are already destroyed due to non-diligent approach of the applicants. Moreover, there is also delay of around 3 to 4 years. Under such circumstances, all these orders mentioned in these applications on which their frst appeals were refused to be registered are set aside subject to removal of all the offce objections within two weeks in these appeals.

4.

The respective applicants shall also deposit costs of Rs.1,000/- each, payable to the Library, Advocate's Association, High Court Bombay, Bench at Aurangabad.

5.

Deposit of cost shall be condition precedent for such restoration.

6.

The applicants shall not be entitled for any interest for the respective delay periods as mentioned in their application, if any enhancement of compensation is granted by this court. 7.

Applications are accordingly disposed of.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-