Kisan Gobaji Patil (Died) Thr Lrs. Vatsalabai Kisan Patil And Others v. The Stae Of Maharashtra

(1) 914 CA-11653.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 CIVIL APPLICATION NO.11653 OF 2022 IN RC/113/2011 KISAN GOBAJI PATIL (DIED) THROUGH LRS. VATSALABAI KISAN PATIL AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA ...

Mr. Y.R. Neb, Advocate holding for Mr. Ajeet Kale, Advocate for the applicants.

Mr. B.V. Virdhe, A.G.P. for respondent - State. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

21.02.2023.

ORDER:- 1.

Heard rival submissions. The applicants are seeking setting aside order dated 14.12.2010 whereby registration of their first appeal was refused for non removal of the office objections. The appeal memo and annexures are also destroyed since the applicants did not take diligent steps. Further, there is also huge delay of 3929 days. As such, certain cost needs to be imposed upon the applicants for their diligent approach.

2.

Thus, the order dated 14.12.2010 stands recalled by condoning the delay and first appeal of the applicants is restored for removal of office objections, within four weeks

(2) 914 CA-11653.2022.odt subject to deposit of cost of Rs. 3,000/- payable to the Library of Advocates Association of Bombay High Court at Aurangabad.

3.

The application stands disposed of accordingly. (SANDIPKUMAR C. MORE, J.) vd_dhirde