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Bombay High CourtCA/1702/2019disposed offdismissed for default

Padmakar Bhimrao Fad v. The State Of Mah And ORS

2019-01-29Hon'Ble Shri Justice P.R. Bora2 pages

928-929-CA-1701-2019.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 928 CIVIL APPLICATION NO.1701 OF 2019 IN RC/672/2013 BHARAT TUKARAM FAD AND ANR

VERSUS

THE STATE OF MAH AND ORS ...

Advocate for Applicants : Mr. B.N. Gadegaonkar h/f Mr. Deshpande Amit S.

AGP for Respondents : Mr. P.M. Kulkarni ...

WITH 929 CIVIL APPLICATION NO.1702 OF 2019 IN RC/671/2013 PADMAKAR BHIMRAO FAD

VERSUS

THE STATE OF MAH AND ORS ...

Advocate for Applicant : Mr. B.N. Gadegaonkar h/f Mr. Deshpande Amit S.

AGP for Respondents : Mr. A.M. Phule ...

CORAM : P.R. BORA, J.

DATED : 29th JANUARY, 2019.

PER COURT:- .

Heard Shri Deshpande, the learned counsel appearing for the applicants and the learned AGP's Shri Kulkarni and Shri Phule appearing for the respondent-State.

2.

The learned counsel for the applicants

928-929-CA-1701-2019.odt (2) submits that office objections shall be removed within two weeks. In view of the submissions so made, the order passed by the learned Registrar on 07.05.2013 is set aside. First Appeal (Stamp) No.1282 of 2013 and First Appeal (Stamp) No.1482 of 2013 are restored to their original file. The delay caused in filing the applications is condoned.

3.

It is however clarified that the applicants shall not be entitled for the intereston the enhanced amount of compensation in the event of their success in the appeals for the period of delay. Copy of the present order be kept along with the papers of the appeals. Both civil applications for restoration stand disposed of. 4.

The present appeals be kept along with First Appeal No.2062 of 2013.

(P.R. BORA, J.) Mujaheed//