Rushikesh Sudhakar Tarale v. The State Of Maharashtra, Through Honble Collector, Amravati And Others

1 16cao931.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAO] NO.931 OF 2024 IN MISC. CIVIL APPLICATION ST. NO.7535 OF 2024 IN FIRST APPEAL NO.671 OF 2023 [D] [Rushikesh Sudhakar Tarale .vs. State of Maharashtra 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.P. Deshmukh, Advocate for Appellant.

Mr. M.A. Kadu, AGP for Respondent Nos.1 and 2. ........

CORAM : SANJAY A. DESHMUKH, J.

DATE : 18 th NOVEMBER, 2024.

1.

This is an application under Section 5 of the Limitation Act for condonation of delay of 39 days in filing application for restoration of First Appeal No.671/2023. Perused the application.

2.

Heard the learned Advocates for both the sides. 3.

Considering the reasons mentioned in the application i.e. the period of delay of 39 days, it would be proper to condone it in the interest of justice as the delay is not deliberately caused. The application is therefore allowed, as prayed.

Misc. Civil Application St. No.7535/2024 1.

This is an application for restoration of First Appeal No.671/2023. Perused the application.

2.

Heard the learned advocates for both the sides. 3.

Considering the reasons stated in the application, the application deserves to be allowed. It is clarified that paper

2 16cao931.24.odt book is filed in other matter, therefore, filing of the paper book is dispensed with.

4.

The application is allowed and disposed of.

First Appeal No.671/2023 1.

Heard.

2.

Issue notice to the respondents.

3.

Learned AGP waives service of notice on behalf of the respondent nos.1 and 2.

4.

By order dated 31st August, 2023, issue notice to the respondent no.3, returnable after six weeks.

(SANJAY A. DESHMUKH, J.) Gulande