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Bombay High CourtCAO/1312/2024allowed

Tulsiram Narayan Malkapure (Dead) Thr. Lrs. Smt. Sunanda Tulsiram Malkapure And Others v. The State Of Maharashtra Through The Collector, Yavatmal And Others

2024-11-22Hon'Ble Shri Justice Sanjay Anandrao Deshmukh2 pages

2024:BHC-NAG:12814 1 12cao1312.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAO] NO.1312 OF 2024 IN MISC. CIVIL APPLICATION ST. NO.10693 OF 2024 IN FIRST APPEAL NO.1364 OF 2018 [D] [Tulsiram Narayan Malkapure (Dead) and others .vs. The State of Maharashtra and othes] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. V.R. Borkar, Advocate for Applicants.

Ms. H.S. Dhande, AGP for Respondent Nos.1 and 2. ..........

CORAM : SANJAY A. DESHMUKH, J.

DATE : 22 nd NOVEMBER, 2024.

1.

This is an application for condonation of delay of 485 days caused for filing the restoration application. 2.

Perused the application.

3.

Heard the learned advocate for both the sides. 4.

Learned advocate for the applicants submitted that now the paper book is ready and applicants are ready to file it on record. He further pointed out that the delay is not deliberately caused.

5.

Considering the reasons stated in the application, the application deserves to be allowed in the interest of justice as the delay is not deliberately caused. The application is allowed and disposed of.

Misc. Civil Application St. No.10693/2024 1.

This is an application for restoration of the first appeal dismissed for non supply of the paper book within time

2 12cao1312.24.odt fixed by the court.

2.

Perused the application.

3.

Heard the learned advocate for both the sides. 4.

Considering the reasons stated in the application and the submission of the learned advocate for the applicants that the paper book is ready and the same will be supplied within a week, the application deserves to be allowed on the condition that the paper book shall be filed within a week. It is clarified that if the paper book is not filed within a week, the application shall be rejected without further order of the court. 5.

The application is allowed and disposed of.

(SANJAY A. DESHMUKH, J.) Gulande