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Bombay High CourtCA/2518/2019disposed off

Noor Mahammad Abdul Azim v. The State Of Maharashtra And Others

2023-01-06Hon'Ble Shri Justice Arun R. Pedneker2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 CIVIL APPLICATION NO.2518 OF 2019 IN RC/1020/2015 NOOR MAHAMMAD ABDUL AZIM

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicant : Mr. Deshmukh Javed Abdul H. AGP for Respondents-State : Mr. G. O. WattamwAr ...

CORAM :

ARUN R. PEDNEKER, J.

DATE :

06th January, 2023 PER COURT :

1.

The present civil application is filed seeking recall of the order passed by the Registrar (Judicial), dated 13/07/2015, refusing the registration of the Writ Petition Stamp No.6127 of 2015 on account of non removal of office objections on various occasions. Applicant also prays for condonation of delay of 734 days in filing present application for restoration of writ petition.

2.

The learned Advocate for the petitioner submits that the writ petition pertains to the challenge to the revenue entries made in favour of the respondents.

CA 2518-2019 3.

There is inordinate delay in moving this application and even this application is not proceeded with due diligence. The delay in filing restoration is not properly explained. In any event the orders passed by the revenue authorities does not determine the rights or title over any property and the entries are indicative of the fact that the parties paying revenue are prima facie in possession of the property.

4.

The delay in filing restoration application is not sufficiently explained. The order dated 13/07/2015, passed by the Registrar (Judicial) is maintained. The present civil application is dismissed. ( ARUN R. PEDNEKER, J. ) vj gawade/-.