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

(1) 44.cao.702.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.702 OF 2023 IN MISC. CIVIL APPLICATION STAMP NO.7700 OF 2023 IN FIRST APPEAL STAMP NO.15016 OF 2022 Madhav Kamaji Pimpre Vs.

The State of Maharashtra through 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. G. M. Kubade, Advocate for appellant.

Ms. T. H. Udeshi, AGP for respondent Nso.1 and 3. CORAM :

URMILA JOSHI-PHALKE, J.

DATED : 03/05/2023 1.

This application is for condonation of delay which is caused in filing the application for restoration. 2.

As the office objections are not removed by the appellant, the Registrar (Judicial) by order dated 03.01.2023 dismissed the appeal. As per the contention of the learned Advocate for the appellant that inadvertently the conditional order was not noted and, therefore, objections are not removed. Inadvertently, the order passed by the Registrar (Judicial) was also not noted and, therefore, delay of 77 days is caused in preferring the restoration application.

3.

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

4.

Civil Application is disposed of.

(2) 44.cao.702.2023 MISC. CIVIL APPLICATION STAMP NO.7700 OF 2023 1.

On removal of the office objections within six weeks, the appeal be restored at its original stage. 2.

On failure to remove the office objections within six weeks, the earlier order passed by the Registrar (Judicial) will survive.

3.

Misc. Civil Application is disposed of.

(URMILA JOSHI-PHALKE, J.) Sarkate SARKATE 15:24