Balaji Madhav Mirashe v. Village Development Officer And Others

2025:BHC-AUG:36618 1 916 WP 9979-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 916 WRIT PETITION NO. 9979 OF 2023 BALAJI MADHAV MIRASHE

VERSUS

VILLAGE DEVELOPMENT OFFICER AND OTHERS ...

Mr. Avinash D. Hande - Advocate for Petitioner Mr. U.B. Bhange - Advocate for Respondents ...

CORAM

: SIDDHESHWAR S. THOMBRE, J.

DATE :

18.12.2025 PER COURT :

1.

Heard learned Counsel for the respective parties. 2.

By way of this petition, the petitioner assails the order dated 27.11.2019 passed by learned District Judge-1, Kandhar, in M.C.A. (RJE) No.65/2015, whereby the application at Exhibit 1 came to be rejected. 3.

The petitioner had moved an application seeking condonation of delay in preferring the Regular Civil Appeal. On the date when the said application was listed for hearing, neither the petitioner nor the advocate appearing on behalf of the petitioner remained present. Consequently, the learned Appellate Court dismissed the said application for default. 4.

Considering the averments made in the present petition and in the interest of justice, the order dated 27.11.2019 passed by learned District

2 916 WP 9979-2023.odt Judge-1, Kandhar is quashed and set aside.

5.

The application at Exhibit 1 is restored to the file, subject to payment of costs of Rs.5,000/- (rupees Five Thousand only) to be deposited within a period of two (2) weeks from today with the Advocate's Bar Association of Bombay High Court Bench at Aurangabad. 6.

The Writ Petition is disposed of accordingly. [ SIDDHESHWAR S. THOMBRE ] JUDGE Pooja Kale/