Namdeo Kamaji Pimpre v. The State Of Maharashtra Through Collector, Yavatmal And Others

35 cao 692.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO. 692/2023 IN M.C.A. ST. 7697/2023 IN F.A. ST. 15015/2022 Namdeo Kamaji Pimpre 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 G.D. Kubade, advocate for the appellant.

Ms T.H. Udeshi, AGP for the respondent Nos. 1 and 3. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 02/05/ 3.

1.

Heard.

2.

The present application is seeking for condonation of delay which is caused in preferring the restoration application.

3.

As per the contention of the learned advocate an appeal is preferred against the judgment and award passed by the Civil Judge, Senior Division, Pusad, District Yavatmal. However, the appeal was under the office objections. Inadvertently, the office objections are not noted by the learned advocate and the Registrar (J) has passed the conditional order which cannot be complied with. Inadvertently, the counsel has also not noted the order of the dismissal, and therefore, a delay of 77 days is caused in preferring the restoration application. rkn

35 cao 692.2023.odt 4.

In view of the reasons mentioned in the application, a delay of 77 days is condoned.

Civil application is disposed of.

Misc. Civil Application St. No. 7697/2023 For the reasons mentioned in the application, on removal of the office objections within two weeks, the appeal be restored at its original stage.

In view of that, Misc. Civil application is disposed of. JUDGE Signed By:RAJESH K NANDURKAR rkn