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Bombay High CourtCAO/183/2023delay condonatedrejected

Shri Rambhau S/O Vyankatrao Nistane v. State Of Maharashtra Through Its Collector, Amravati And Others

2023-02-08Hon'Ble Justice Urmila Joshi Phalke2 pages

41.caf.183.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO. 183 OF 2023 IN MISC. CIVIL APPLICATION (ST.) NO.2538 OF 2023 IN FIRST APPEAL (ST.) NO.14820 OF 2021 (Shri Rambhau s/o Vyankatrao Nistane . ..vs.. State of Maharashtra and ors.) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri S.S. Shingane, Advocate for the appellant. Shri Mangesh Kadu, A.G.P. for the State.

CORAM:- URMILA JOSHI-PHALKE, J.

DATED :- FEBRUARY 08, 2023.

By preferring this application, the appellant is seeking condonation of delay of 22 days which is caused in filing the revision application.

2.

As per the contention of the applicant, the matter was listed before the Registrar (Judicial) however, Registrar (Judicial) has dismissed the appeal as office objections are not removed. The applicant was under the impression that the matter was pending.

3.

The applicant has got knowledge and thereafter he filed the civil revision for setting aside the order however delay of 22 days is caused.

4.

It is submitted that the reasons mentioned in the application are just and reasonable and applicant be permitted to litigate on merits.

5.

Heard learned Counsel for the applicant. Perused the application.

41.caf.183.23.odt 6.

Considering the reasons mentioned in the application, it is apparent that as the learned Counsel for the applicant has not noted the order passed by the Registrar (Judicial), therefore, delay is caused. 7.

The reasons mentioned in the application appears to be just. In view of that delay of 22 days in filing the revision application is condoned.

8.

Civil application is disposed of.

MISC. CIVIL APPLICATION (ST.) NO.2538 OF 2023 Considering the reasons mentioned in the application, the appeal is restored at its original stage subject to removal of office objections.

2.

The applicants shall remove the office objections within two weeks. On failure to remove the office objections, the appeal stands dismissed without further reference to this Court.

3.

The application is disposed of.

(URMILA JOSHI-PHALKE, J.) *Divya Signed By:DIVYA SONU BALDWA Personal Assistant