Ramrao Baddu Jadhav And Another v. The State Of Maharashtra Through The Collector, Yavatmal And Others

25 cao 439-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C IVIL APPLICATION (CA O ) NO.

/2023 IN MISC. CIVIL APPLICATION STAMP NO. 3334/2023 Ramrao Baddu Jadhav and another Vs.

The State of Maharashtra, through District Collector, Yavatmal and others - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - --- - - - - ------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- Shri T.M. Malnas, Advocate for appellants Ms H.N. Jaipurkar, AGP for respondent Nos. 1 & 3 CORAM : SMT. M.S. JAWALKAR, J.

DATE : 14/06/2023 Present application is filed for condonation of 45 days delay in filing application for restoration of first appeal stamp No. 6212/2022. It is submitted by learned Counsel for the applicant that matter was listed on 06/12/2022, before Registrar (Judicial), for removal of office objections and Registrar (Judicial), granted fourteen days time to remove office objections. However, due to inadvertent mistake matter could not be marked and it was dismissed vide order dated 06/12/2022. The application for restoration and condonation of delay is filed immediately thereafter. As such, it is submitted that delay is neither intentional nor deliberate. The application is supported by affidavit of concerned Advocate. In view thereof, I am inclined to allow the application. The Jayashree..

25 cao 439-2023.odt delay of 45 days in filing application for restoration of first appeal is hereby condoned.

2.

Office to register Misc. Civil Application Stamp No. 3334/2023.

MISC. CIVIL APPLICATION STAMP NO. 3334/2023 For the reasons stated in the application, the application is allowed. The order passed by learned Registrar (Judicial), dated 06/12/2022, is hereby quashed and set aside.

2.

Registry is directed to register First Appeal Stamp No. 6212/2022.

3.

After registration of the same, the learned Counsel for appellants to remove office objections within a week.

4.

Application stands disposed of.

(SMT. M.S. JAWALKAR, J.) Signed By:JAYASHREE SHARAD SHINGNE Jayashree..