Vitthal S/O Gangaram Chanekar Thr. Arvind Vitthal Chanekar And Others v. The State Of Maharashtra Through Collector, Amravati And Others

2024:BHC-NAG:12813 1 13cao1368.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAO] NO.1368 OF 2024 IN MISC. CIVIL APPLICATION ST. NO.10903 OF 2024 IN FIRST APPEAL ST. NO.3581 OF 2022 [D] [Late Vitthal s/o Gangaram Chanekar and others .vs. The State of Maharashtra 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. Aashta Sharma, Advocate h/f Mr. P.R. Agrawal, 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 617 days in filing application for restoration of first appeal dismissed for non removal of office objections.

2.

Perused the application.

3.

Heard the learned advocates for both the sides. 4.

Learned advocate for applicants submitted that the office objections can be removed as soon as the application is allowed.

5.

Considering the reasons stated in the application and the submission of the learned advocate for the applicants that the delay is not deliberately caused, the application deserves to be allowed in the interest of justice. The delay of 617 days caused for filing application for restoration is hereby condoned in the interest of justice. The application is allowed and disposed of.

2 13cao1368.24.odt Misc. Civil Application St. No.10903/2024 1.

This is an application for restoration of first appeal dismissed for non removal of office objections. 2.

Perused the application.

3.

Heard learned advocates for both the sides.

4.

Learned advocate for the applicants submits that the office objections can be removed within a week. The application therefore deserves to be allowed. The application is allowed and disposed of with the condition to remove the office objections within a week. If office objections are not removed within a week, the application shall be deemed to be rejected without further of the court.

5.

The application is allowed and disposed of.

(SANJAY A. DESHMUKH, J.) Gulande