Rukhamanibai Vithoba Thombare v. The State Of Maharashtra Through Collector, Jalna And Others

3879.22CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 942 CIVIL APPLICATION NO.3879 OF 2022 IN RC NO.444 OF 2020 RUKHMANIBAI VITHOBA THOMBARE

VERSUS

THE STATE OF MAHARASHTRA & OTHERS ...

Advocate for Applicant : Mr.D.M.Pingale AGP for Respondent-State : Mr.P.M.Kulkarni ...

CORAM : S.G.DIGE, J.

DATE : 30.06.2022 P.C. :

1] Heard the learned counsel for the applicant and the learned AGP for respondent nos.1 and 2.

2] Though respondent no.3 is served, none appears for respondent no.3.

3] This Court, by order dated 9th June, 2022, has observed that respondent no.3 is the contesting respondent, but, none appeared for respondent no.3. Last chance was given to respondent no.3 to go on with the application. Today also, none appears for respondent no.3. 4] Considering the reasons mentioned in the application, delay of 736 days for filing application for restoration is condoned.

3879.22CA 5] This Court by order dated 11th October, 2019, had directed the applicant to supply copies for issuing notices, but the applicant could not supply the said copies, hence, appeal was dismissed.

6] It is the contention of the learned counsel for the applicant that there are group of matters, in other matters copies have supplied, but remained to be supplied in this matter. It is his mistake, hence, requested to restore the appeal.

7] Considering the submissions of the learned counsel for the applicant, application is allowed in terms of prayer clause-C. The applicant shall supply copies within two weeks from today.

8] Civil Application is disposed of accordingly. [S.G.DIGE] JUDGE DDC