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Bombay High CourtCAO/239/2023delay condonatedrejected

Smt. Tulsabai Ambadas Parasvai And Others v. The State Of Maharashtra Through Collector, Yavatmal And Others

2023-03-09Hon'Ble Justice Urmila Joshi Phalke2 pages

32cao239.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO. 239/2023 IN MISC. CIVIL APPLICATION ST. NO.3798/2023 IN FIRST APPEAL ST. NO. 11269/2022 Smt. Tulsabai Ambadas Parasvai And Others Vs The State Of Maharashtra Through Collector, Yavatmal And Others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr S.G.Varshani, advocate for the applicants/appellants. Mr M.A. Kadu, advocate for the respondent No.1. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 09/03/ 3.

1.

This is the application for condonation of delay which is caused in filing the restoration application of the first appeal.

2.

As per the contention of the learned advocate for the appellants that due to the non-removal of office objections, the Registrar (J) has dismissed the appeal. The order passed by the Registrar (J) has not been noted by the learned advocate and therefore, the delay is caused.

3.

Mr M.A. Kadu, learned advocate for respondent No.1 has no objection for allowing the application. 4.

In view of the reasons mentioned in the application, a delay of 38 days in filing the restoration application is condoned.

Civil application (CAO) No. 239/2023 is disposed of. rkn

32cao239.2023.odt M.C.A. St. No. 3798/2023 1.

On removal of office objection within a period of two weeks, the appeal be restored at the registration stage. 2.

On failure to remove the office objections within a period of two weeks, the earlier order passed by the Registrar (J) will survive.

Misc. Civil Application is disposed of.

JUDGE Signed By:RAJESH K NANDURKAR rkn