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Bombay High CourtCAO/445/2023delay condonatedrejected

Pradip Hanuman Wankhede v. The State Of Maharashtra, Through Collector, Yavatmal And Others

2023-03-29Hon'Ble Justice Urmila Joshi Phalke2 pages

(1) 35.cao.445.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.445 OF 2023 IN MISC. CIVIL APPLICATION STAMP NO.5861 OF 2023 IN FIRST APPEAL NO.516 OF 2017 Pradeep s/o Hanuman Wankhede Vs.

The State of Maharashtra through the Collector, Yavatmal and others ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. A. B. Nakshane, Advocate for appellant.

Ms. T. Udeshi, AGP for respondent Nos.1 and 2. Mr. K. R. Lule, Advocate for respondent No.3. CORAM :

URMILA JOSHI-PHALKE, J.

DATED : 29/03/2023 Learned AGP Ms. Udeshi, waives notice for respondent Nos.1 and 2.

Learned Advocate Mr. Lule waives notice for respondent No.3.

As per contention of the appellant, the conditional order was passed by the Court to file paper book within six weeks. However, appellant has not noted the said order and, therefore, the appeal is dismissed.

For the reasons stated, the application for condonation of delay in filing the application for restoration of the appeal is condoned.

The appeal be restored to its original file.

(2) 35.cao.445.2023 Civil Application No.445/2023 and Misc.

Civil Application St. No.5861/2023 are disposed of. FIRST APPEAL NO.516 OF 2017 Call for record and proceedings.

Appellant submitted that paper book is not required. In view of that, paper book is dispensed with. Place the appeal after receipt of the record and proceedings.

(URMILA JOSHI-PHALKE, J.) Sarkate SARKATE 19:59