Anandrao Vithobaji Vairagade v. Maroti Malharrao Gadkari And Others

1 31.caf.1088.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 1088 OF 2023 IN FIRST APPEAL (St.) NO. 1287 OF 2023 Anandrao Vithobaji Vairagade .VS.

Maroti Malharrao Gadkari and others _______________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr Nitin Jachak, Advocate for appellant Mr Rohan Deo, Adv. h/f Mr Rohit Joshi, Advocate for the respondent Nos. 14 and 15 CORAM :

G.A. SANAP, J.

DATE :

APRIL 30, 2024.

Heard.

2.

This is an application for condonation of 31 days delay caused in filing the appeal against the impugned judgment and order dated 18.10.2022 passed by the learned Joint Charity Commissioner, Nagpur.

3.

The reasons for delay have been stated in the application.

4.

Learned Advocate appearing for respondent Nos. 14 and 15 submits that respondent Nos. 14 and 15 have also challenged the impugned judgment and order in First Appeal No. 142 of 2023. The advocate for respondent Nos. 14 and 15 submits that in any case the issue sought to be

2 31.caf.1088.2023 raised in this appeal is required to be adjudicated. He submits that Court may pass an appropriate order. The remaining respondents despite service not appeared before this Court.

5.

In view of the reasons stated in the application, the application is allowed.

6.

Delay of 31 days caused in filing the appeal stands condoned.

7.

First appeal be registered.

8.

The civil application stands disposed of, accordingly. FIRST APPEAL (St.) NO.

9.

Heard.

10.

Issue notice to the respondents, returnable within eight weeks.

11.

Learned holding Advocate Mr. Rohan Deo waives service of notice on behalf of respondent Nos. 14 and 15. 12.

Tag this appeal with First appeal No. 142 of 2023. (G. A. SANAP, J.) Namrata