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Bombay High CourtCAO/735/2019admittedallwdgrantedrule absolute

Bhanudas Anandrao Dhande v. The State Of Maharashtra Through The Collector, Wardha And Others

2019-04-30Hon'Ble Mrs. Justice Swapna Joshi3 pages

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO. 735 OF 2019 IN MISC. CIVIL APPLICATION (ST) NO. 7226 OF 2019 IN FIRST APPEAL (ST) NO. 17073 OF 2018 (Bhanudas Anandrao Dhande V/s The State of Maharashtra & Ors.) Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Prothonotary's orders Court's or Judge's orders Mr. R. D. Dhande, Advocate for Appellant.

Mrs. M. A. Barabde, AGP for Respondent Nos.1 & 2. ------- CORAM : MRS. SWAPNA JOSHI, J.

DATE : APRIL 30, 2019.

P.C.

Heard learned Counsel for both the sides.

By this Application, Appellant seeks condonation of delay caused in filing Application for restoration of Appeal.

For the reasons mentioned in the Application, I am satisfied that the delay caused in filing the Application for restoration of Appeal is properly explained and sufficient ground is made for condoning the delay.

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4.

In view thereof, delay caused in filing the Application for restoration of Appeal is condoned subject to payment of costs of Rs.500/-. The costs to be deposited with the Vidarbha Lady Lawyer's Association, Nagpur.

5.

The Civil Application is allowed in terms of prayer clause therein and disposed of accordingly. MISC. CIVIL APPLICATION (ST) NO. 7226 OF 2019 Heard. This is an application for restoration of Appeal.

It is submitted that since the office objections were not removed within stipulated period, Registrar (Judicial) of this Court dismissed the Appeal vide order dated 28th August 2018.

The learned Counsel for Appellant undertakes to remove all office objections within a period of one week from today. Statement is accepted. 4.

In view thereof, the order dated 28th August 2018 passed by the learned Registrar (Judicial) of this Court dismissing First Appeal (St) No. 17073 of 2018 is hereby quashed and set-aside.

5.

First Appeal (St) No. 17073 of 2018 is restored to its original file.

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6.

Misc. Civil Application stands disposed of accordingly.

FIRST APPEAL (ST) NO. 17073 OF 2018 Heard.

Admit.

Call R & P.

4.

Mrs. Barabde, the learned AGP waives service of notice on behalf of Respondent Nos.1 & 2. (MRS. SWAPNA JOSHI, J.) 3/3