Bombay High CourtCAO/470/2025ca disposed off

Ex. Engineer, Yavatmal Medium Project Division, Yavatmal v. Madhao Mangu Rathod And Others

2025-06-25Hon'Ble Shri Justice Abhay J. Mantri2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAO) 470 OF 2025 AND MISC. CIVIL APPLICATION (STAMP) NO. 9273 OF 2025 IN CIVIL APPLICATION (CAF) NO. 22044 OF 2023 AND FIRST APPEAL (STAMP) NO.

22043 OF 2023 ( Executive Engineer, Yavatmal Medium Project Division ..vs.. Madhao Mangu Rathod and others ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. Ira Khisti, Advocate for the appellant, Mr. A.A. Zade, Advocate h/f. Mr. S. Varshani, Advocate for respondent No. 1, Ms. M.R. Kavimandan, A.G.P. for respondent Nos. 2 and 3. CORAM : ABHAY J. MANTRI, J.

DATED : 25-06-2025 Civil Application No.470/2025 is filed for condonation of delay caused in filing the application for restoration of the first appeal, and Miscellaneous Civil Application (Stamp) No.9273/2025 is for restoration of the first appeal. The learned Advocate for the applicant/appellant submitted that the appeal was dismissed for non-removal of office objections. She submitted that she has received the deficit court fees and undertakes to deposit the same within two weeks. Her statement is accepted. The learned Advocate for respondent No.1 and the learned Assistant Government Pleader for respondent Nos. 2 and 3 have given no objection to condoning the delay and restoration of the first appeal. 2.

Considering the reasons stated in the applications as well as no objection given by the respondents, both applications are allowed. The delay in filing the application for restoration of the first appeal is condoned, and the first appeal is restored to its original file.

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The applications are disposed of accordingly. (ABHAY J. MANTRI, J.) adgokar