Umarkher Bashir Pathan v. State Of Maharashtra Through The Collector, Osmanabad And Another

2025:BHC-AUG:15502-DB 1 905-CA-2558-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2558 OF 2023 IN FA/3120/2013 UMARKHER BASHIR PATHAN

VERSUS

STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND ANOTHER ...

Mr. Hanmant Bhagwan Nandagavale, Advocate for Applicant Ms. S.N. Deshmukh, AGP for Respondent/State ...

CORAM : NITIN B. SURYAWANSHI & SANDIPKUMAR C. MORE, J.J.

DATE : 20th JUNE, 2025 PER COURT :

1.

Heard.

2.

There appears inordinate delay in moving the present application for restoration. The application is filed after delay of 2960 days.

3.

Taking into consideration the fact that land of applicant / claimant is acquired and the first appeal was admitted and due to non-payment of printing charges of Rs.15/- the same was dismissed, it would be appropriate to condone the delay by imposing appropriate costs.

4.

Learned advocate for applicant submits that cost of Rs.5,000/- is deposited by applicants pursuant to the order passed by the learned Single Judge of this Court.

SVH

2 905-CA-2558-23.odt 5.

For the reasons stated in the application, delay is condoned. Application is allowed. It is made clear that applicant will not be entitled for the interest for the period of delay. Applicant shall deposit cost of Rs.5,000/- along with the printing charges within a period of two weeks from today.

(SANDIPKUMAR C. MORE, J.) (NITIN B. SURYAWANSHI, J.) SVH