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Bombay High CourtCAO/803/2024delay condonatedrejected

Khandu Barku Sangle v. The Collector, Buldhana And Others

2024-08-23Hon'Ble Shri Justice Sanjay Anandrao Deshmukh2 pages

2024:BHC-NAG:9469 21..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) No. 803 OF 2024 IN MCA ST. N.111884 OF 2024 IN FIRST APPEAL NO.875 OF 2019 (D) Khandu Barku Sangle .Vs. The Collector, Buldhana and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri K.S. Narwade, Advocate for appellant.

Shri P.P. Pendke, A.G.P. for respondent/State. CORAM : SANJAY A. DESHMUKH, J.

DATED : 23/08/2024 1.

This is an application for condonation of delay under Section 5 of the Limitation Act.

2.

The delay of 155 days caused for preferring restoration of appeal which was dismissed for non-filing of the paper book as per the directions of this Court. The learned advocate for the appellant submits that, paper book is ready he will submit within a week.

3.

Registry is directed to accept the paper book. The application is allowed and delay of 155 days is condoned subject to filing of paper book.

4.

Civil application is disposed of.

MCA ST. NO.111884 OF 2024 5.

This is an application for restoration of appeal which was dismissed for non-filing of paper book. The learned advocate for the appellant submits that, paper book is ready and he will file within a week.

C.L. Dhakate

21..odt 6.

Considering his submission, the application is allowed. If paper book is not filed within a week, the appeal shall dismiss without further order.

(SANJAY A. DESHMUKH, J.) C.L. Dhakate