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Bombay High CourtCAO/454/2025allowed

Ex. Engineer, Yavatmal Medium Project Division, Yavatmal v. Sunil Sadhu Ingole And Others

2025-06-26Hon'Ble Shri Justice Abhay J. Mantri2 pages

1 30-CAO 454.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (O) NO. 454 OF 2025 IN MISC. CIVIL APPLICATION (STAMP) NO.8876 OF 2025 IN FIRST APPEAL (STAMP) NO. 22100 OF 2023 ( Executive Engineer, Yavatmal Medium Project Division, Yavatmal vs. Sunil Sadhu Ingole and others ) Office Notes, Office Memorandum of Coram, appearances, Court's orders of the directions Court's or Judge's order and Registrar's orders.

Ms. Ira Khisti, Advocate for applicant/appellant. Mr. Abhishek Zade, Advocate h/f Mr. F.G.Varshani, Advocate for respondent Nos. 1 and 2.

Mrs. Mukta Kavimandan, AGP for respondent Nos. 3 and 4. CORAM : ABHAY J. MANTRI, J.

ATE : JUNE 26, 2025 1) The applicant/appellant has moved this application for condonation of delay caused in filing the restoration application, as well as for restoration of the first appeal to its original file.

2) She also contended that for non-removal of the office objection, the appeal was dismissed on 22/10/2024. She further submitted that she has received the deficit Court fees and she undertakes to remove the office objections, within two weeks.

3) Her statement is accepted. Learned counsel for the respondents has not objected to the same.

2 30-CAO 454.2025.doc 4) Hence, for the reasons stated in the application, as well as no objection from the respondents, both applications are allowed.

5) The delay of 168 days in filing the restoration application is hereby condoned.

6) The order of dismissal of the appeal is set aside, and the original appeal is restored to its original number and stage, subject to removal of the office objection in time as prayed.

7) List the matter on 14/08/2025.

(ABHAY J. MANTRI, J.) KOLHE