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Bombay High CourtMCA/361/2022allowed

Panjabrao Anandrao Kakde (Since Deceased) Thr. Lrs. Dilip S/O Panjabrao Kakde And Others v. The State Of Maharashtra Through Collector, Wardha And Others

2022-08-19Hon'Ble Smt. Justice M. S. Jawalkar2 pages

945 mca 361-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR MISC. CIVIL APPLICATION NO. 361/2022 IN FIRST APPEAL NO. 1788/2019 Panjabrao Anandrao Kakde (Dead) through L.Rs. Dilip Panjabrao Kakde and other Vs.

The State of Maharashtra, through Collector, Wardha and others - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- Shri S.S. Nemade, Advocate h/f Shri S.U. Nemade, Advocate for applicants Shri M.A. Kadu, A.G.P. for respondent Nos. 1 & 2 CORAM : SMT. M.S. JAWALKAR, J.

DATE : 19/08/2022 The present application is filed for setting aside the conditional order dated 30/09/2019, by which appeal was dismissed for non filing of paper book.

2.

The learned Assistant Government Pleader for respondent Nos.1 and 2 objected the restoration application.

3.

Considering the reason of inadvertent mistake in the application, the application is allowed. The impugned order dated 30/09/2019 is hereby recalled to the extent of dismissal of the appeal for non-filing of the paper book.

945 mca 361-2022.odt 4.

The learned Counsel for the applicant/appellant submits that paper book is ready and he will file it within one week. As such, application is allowed.

5.

Registry is directed to restore the first appeal on its original number.

6.

The appellant to file paper book within a period of one week thereafter.

(SMT. M.S. JAWALKAR, J.) Jayashree..

Signed By:JAYASHREE SHARAD SHINGNE