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Bombay High CourtCAO/129/2024delay condonatedrejected

M. I. D. C. Through Its Chief Executive Officer, Amravati v. Smt. Parvatabai Vithalrao Murmurkar And Another

2024-08-08Hon'Ble Shri Justice Sanjay Anandrao Deshmukh2 pages

2024:BHC-NAG:8699 1.fa.563.06.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.129 OF 2024 IN FIRST APPEAL NO.563 OF 2006 MIDC, Amravati .Vs. Smt. Parvatabai Vithalrao Murumkar and another Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri M.M. Agnihotri, Advocate for appellant.

Shri M.A. Kadu, A.G.P. for respondent No.2/State. Ms Shiba Thakur, Adv. h/f Shri Mehadia, Advocate for respondent No.1. CORAM : SANJAY A. DESHMUKH, J.

DATED : 08/08/2024 1.

Issue notice to the respondents.

2.

Shri Kadu, learned A.G.P. waives service of notice for the respondent No.2.

3.

Ms Thakur, learned counsel waives service of notice for the respondent No.1.

4.

This is an application for condonation of delay of 3096 days caused for filing application for restoration of appeal for non-compliance of office objection/giving correct address of respondent No.1.

5.

Heard learned advocates for both sides.

6.

Perused the application.

7.

Considering the reasons stated in the application, it appears that delay is not deliberately caused to decide the matter on merit finally in the interest of C.L. Dhakate

1.fa.563.06.odt justice, the application deserves to be allowed. The application is allowed.

8.

Civil application is disposed of.

CIVIL APPLICATION (CAF) NO.274 OF 2024 9.

This is an application for restoration of appeal dismissed for not giving correct address of respondent No.1. 10.

Heard learned advocates for both sides.

11.

Perused the application.

12.

Considering the reasons stated in the application, the application deserves to be allowed in the interest of justice.

13.

The application is allowed and disposed of.

FIRST APPEAL NO.563 OF 2006 14.

Stand over to 06.09.2024.

(SANJAY A. DESHMUKH, J.) C.L. Dhakate