Indirabai Marotirao Surywanshi v. The State Of Maharashtra Through Collector, Nanded And Others

12817.23CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 979 CIVIL APPLICATION NO.12817 OF 2023 IN FAST/34929/2021 INDIRABAI MAROTIRAO SURYWANSHI

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR, NANDED AND OTHERS ...

Advocate for Applicants : Mr.S.N.Patil AGP for Respondent-State : Ms.R.P.Gaur ...

CORAM :ARUN R. PEDNEKER, J.

DATE :27.10.2023 P.C. :

1] The present Civil Application is filed to quash and set aside the order dated 22.03.2022 passed by the Registrar [Judicial] of this Court by condoning the delay of 532 days in filing the present Civil Application. 2] The learned counsel for the applicants submits that appeal is dismissed due to non removal of the office objections within stipulated period. The learned counsel further submits that inadvertently he missed out the matter and learnt about dismissal of the appeal. The learned counsel further submits that the delay caused in filing the present Civil Application is not intentional and deliberate.

12817.23CA Therefore, considering the said fact, the present Civil application may be allowed.

3] In view of the submissions made, the order passed by the Registrar [Judicial] dated 22.03.2022 is quashed and set aside to the extent of the present applicants and the appeal is restored to its original position. The applicants - appellants is granted 5 weeks time to remove all office objections. In the event, office objections are not removed within aforesaid period, the order passed by the Registrar [Judicial] dated 22.03.2022 will stand restored. Civil Application is disposed of accordingly. [ARUN R. PEDNEKER] JUDGE DDC