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Bombay High CourtCA/5903/2020admittedallowedgrantedrule absolute

Namdeo Eknath Khotkar Thr Lrs Rambhabai And ORS v. The Cidco Maharashtra , Aurangabad Thr Its Administrator And ORS

2024-11-14Hon'Ble Shri Justice R. G. Avachat,Hon'Ble Shri Justice Neeraj P. Dhote3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 928 CIVIL APPLICATION NO. 5903 OF 2020 IN CROSS-OBJECTION (ST) NO. 23361 OF 2018 IN FIRST APPEAL NO. 664 OF 2009 Namdeo s/o Eknath Khotkar (Dead) Through his LRs - 1-A] Rambhabai Namdeo Khotkar & Ors.

VERSUS

The City and Industrial Development Corp. Aurangabad, through its Administrator, CIDCO, Aurangabad & Ors.

...

Mr. Shubham D. Jaybhar h/f Mr. D. R. Jayabhar - Advocate for Applicant Mrs. Uma S. Bhosale - AGP for Respondent/State Mr. Shambhuraje V. Deshmukh - Advocate for Respondent No. 2 Mr. N. S. Choudhary - Advocate for Respondent No. 3 ...

WITH X-OBJECTION (STAMP) NO. 845 OF 2012 IN FA/657/2009 CIVIL APPLICATION NO. 5189 OF 2013 IN X-OBJST/1078/2013 X-OBJECTION (STAMP) NO. 1088 OF 2012 IN FA/669/2009 CIVIL APPLICATION NO. 2904 OF 2017 IN FA/666/2009 CIVIL APPLICATION NO. 5836 OF 2012 IN X-OBJST/2992/2012 X-OBJECTION (STAMP) NO. 3925 OF 2012 IN FA/659/2009 X-OBJECTION (STAMP) NO. 4728 OF 2012 IN FA/3532/2008 CIVIL APPLICATION NO. 4049 OF 2022 IN FA/665/2009 CIVIL APPLICATION NO. 4048 OF 2022 IN X-OBJST/24415/2014 X-OBJECTION (STAMP) NO. 6136 OF 2010 IN FA/1676/2009 X-OBJECTION (STAMP) NO. 6143 OF 2010 IN FA/1674/2009 FIRST APPEAL NO. 2458 OF 2021 CIVIL APPLICATION NO. 3386 OF 2023 IN FAST/8093/2023 CIVIL APPLICATION NO. 3387 OF 2023 IN FAST/8093/2023 CIVIL APPLICATION NO. 5903 OF 2020 IN RC/1647/2018 FIRST APPEAL NO. 665 OF 2009 FIRST APPEAL NO. 668 OF 2009 FIRST APPEAL NO. 660 OF 2009 FIRST APPEAL NO. 664 OF 2009 FIRST APPEAL NO. 658 OF 2009

FIRST APPEAL NO. 669 OF 2009 FIRST APPEAL NO. 3533 OF 2008 FIRST APPEAL NO. 657 OF 2009 FIRST APPEAL NO. 3532 OF 2008 FIRST APPEAL NO. 666 OF 2009 FIRST APPEAL NO. 3534 OF 2008 FIRST APPEAL NO. 1674 OF 2009 FIRST APPEAL NO. 659 OF 2009 FIRST APPEAL NO. 1677 OF 2009 FIRST APPEAL NO. 1676 OF 2009 FIRST APPEAL NO. 2054 OF 2015 CIVIL APPLICATION NO. 10100 OF 2012 IN FAST/13172/2012 FIRST APPEAL NO. 396 OF 2021 CIVIL APPLICATION NO. 5821 OF 2020 IN FA/396/2021 FIRST APPEAL NO. 397 OF 2021 CIVIL APPLICATION NO. 5826 OF 2020 IN FA/397/2021 CIVIL APPLICATION NO. 6547 OF 2020 IN FA/396/2021 CIVIL APPLICATION NO. 6546 OF 2020 IN FA/397/2021 CIVIL APPLICATION NO. 7563 OF 2024 IN X-OBJST/24415/2014 CIVIL APPLICATION NO. 13470 OF 2009 IN FA/658/2009 CIVIL APPLICATION NO. 13472 OF 2009 IN FA/657/2009 CIVIL APPLICATION NO.

13474 OF 2009 IN FA/668/2009 CIVIL APPLICATION NO. 2815 OF 2010 IN FA/3534/2008 CIVIL APPLICATION NO. 2812 OF 2010 IN FA/3533/2008 CIVIL APPLICATION NO. 10887 OF 2016 IN FA/3533/2008 CIVIL APPLICATION NO. 10367 OF 2021 IN FA/665/2009 X-OBJECTION NO. 91 OF 2024 IN FA/666/2009 CIVIL APPLICATION NO. 13561 OF 2016 IN X-OBJST/24418/2014 X-OBJECTION (STAMP) NO. 28083 OF 2012 IN FA/660/2009 CIVIL APPLICATION NO. 4315 OF 2013 IN FAST/30823/2012 FIRST APPEAL NO. 1641 OF 2023 ......

CORAM : R. G. AVACHAT AND NEERAJ P. DHOTE, JJ.

DATED : 14TH NOVEMBER, 2024 PER COURT : - CIVIL APPLICATION NO. 5903 OF 2020 : - 1.

Though this matter pertains to the Single Bench, it is

clubbed with other Appeals, which are to be dealt with by the Division Bench.

2.

Heard learned Advocate for the Applicant. The Appeal was dismissed for non-removal of office objections within the stipulated period. There is delay of 196 days in preferring this Application for restoration.

3.

Perused the Application. Earlier no notice was issued to the other side. Hence, we allow the application in terms of prayer clause ' B'

thereof.

ALL THE CONNECTED APPEALS : - 4.

Learned Advocate for the Appellants submit that they will ascertain that all the Appeals are tagged and seek time. 5.

Stand over to 6 th December, 2024 .

[NEERAJ P. DHOTE] [R. G. AVACHAT] JUDGE JUDGE SG Punde Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 16/11/2024 11:13:40