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Bombay High CourtCAO/625/2018admittedallwdgrantedrule absolute

Kamaji Malhari Kamble (Dead), Through Its Lrs. Bhagirathibai Kamaji Kamble And Others v. The State Of Maha., Through Its Collector, Yavatmal And Others

2018-08-21Hon'Ble Shri Justice V.M. Deshpande2 pages

cao625.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO.625/2018 AND MISC. CIVIL APPLICATION STAMP NO.3734/2018 IN FIRST APPEAL NO.1105/2016 Kamaji Malhari Kamble (Dead) through LRs. .vs. The State of Maharashtra through Collector, Yavatmal.

____________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. R. J. Shinde, Advocate for applicant.

Mr. A. Balpande, A.G.P. for non applicant-State. CORAM : V.M. DESHPANDE, J.

DATED : AUGUST 21, 2018 1.

Heard Mr. Shinde, learned counsel for applicants. 2.

The applicants preferred First Appeal No.1105/2016 before this Court challenging the judgment and award passed by the Civil Judge Senior Division, Pusad dated 03.01.2014. The said appeal was admitted on 20.01.2017 and the case was fixed for filing of private paper book. However, for non filing of the private paper book, the appeal was dismissed. Therefore, an application for restoration was field. Since there is a delay in preferring the application for restoration, the application for condonation of delay is filed.

3.

The applications for restoration of appeal and condonation of delay are duly affirmed by Mr. R. J. Shinde, Advocate. For the reasons stated in the applications, both the applications are allowed. Delay in moving the application for restoration is condoned. The appeal is restored to file.

The applications are disposed of.

cao625.18.odt 4.

Mr. Shinde, Advocate submits that he will be filing the private paper book within six weeks from today. Statement is accepted.

JUDGE kahale Digitally signed by Yogesh Arvind Kahale Date:

2018.08.23 17:01:58 +0530 Yogesh Arvind Kahale