Jagannath Mahadev Khote And ORS v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9650 OF 2018 IN FIRST APPEAL NO. 88 OF 1993 Jagannath s/o Mahadev Khote & others Applicants

Versus

The State of Maharashtra Respondent Mr. R. J. Nirmal, Advocate for the applicants. Mrs. V. N. Patil-Jadhav, AGP for the State.

CORAM : R. M. JOSHI, J.

DATE :15th FEBRUARY, 2023.

PER COURT :

1.

Heard.

2.

This is an application seeking restoration of First Appeal No. 88/1993 which came to be dismissed for want of prosecution on 9th June, 2008 and for condonation of delay of 3571 days occurred in preferring the application for restoration of the frst appeal. 3.

It is the contention of the applicants that the delay caused is not intentional as the applicants came to know about dismissal of the frst appeal in the year 2018. Learned counsel for the applicants submits that the other appeals arising out of the same acquisition which were also dismissed in default are already restored.

- 2 - ca9650.18.odt According to him, since the delay is not deliberate, the present application deserves to be allowed.

4.

Learned AGP opposed the said contention. According to her, the appellants would not be entitled for any statutory benefts during the period of delay caused in restoration of the appeal. 5.

Perusal of the application shows that it was on account of lack of knowledge on the part of the applications about dismissal of the frst appeal, the application for restoration of frst appeal could not be fled in time. The order passed in connected appeals indicate that those appeals are also restored to the fle. 6.

In the circumstances, application deserves to be allowed and the same is accordingly allowed in terms of prayer clauses 'B' and 'C'. Delay caused in fling the application stands condoned. Appeal be restored to the fle. Applicants, however, would not be entitled for any interest for this period, if they succeed in the appeal. Civil application stands disposed of.

( R. M. JOSHI) Judge dyb