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Bombay High CourtWP/4306/2024disposed off

Smt. Shewantabai Santoshrao Chincholkar And Others v. Bhaskar Keshavrao Chincholkar And Others

2024-12-11Hon'Ble Shri Justice N. R. Borkar2 pages

wp4306.24.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.4306 OF 2024 (Smt. Shewantabai Santoshrao Chincholkar and others Vs. Bhaskar Keshavrao Chincholkar and others) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Mr. R. D. Dharmadhikari, Advocate for Petitioners. Mr. Arvind Kulkarni, Advocate for Respondent Nos.1 to 4. Ms. Deepali Sapkal, AGP for Respondent Nos.5 to 8/State. CORAM: N. R. BORKAR, J.

DATE: 11 th DECEMBER, 2024.

Respondent no.7 the Sub-Divisional Officer, Wardha by order dated 26.02.2019, had rejected the application filed by respondent nos.1 to 4 for condonation of delay in filing appeal against the order of respondent no.8 - the Tahsildar, Seloo. Against the said order of respondent no.7, respondent nos.1 to 4 had filed appeal before respondent no.6 - the Additional Collector, Wardha. 2.

By order dated 15.01.2021 respondent no.6 instead of examining the matter to the extent of delay decided the appeal on merit and remanded the matter back to respondent no.8.

3.

By the order impugned respondent no.5 has dismissed the appeal filed by the petitioner against the order of respondent no.6.

wp4306.24.O.odt 4.

By consent of the parties, the orders passed by respondent nos.5 and 6 are set aside.

5.

The order passed by respondent no.7 rejecting the application for condonation of delay is also set aside. 6.

Respondent no.7 shall decide the appeal filed by respondent nos.1 to 4 on it's own merits.

7.

Respondent no.7 shall endeavour to decide the appeal within a period of three months from the date of receipt of the copy of this order.

8.

The petition is disposed of in the aforesaid terms. (N. R. BORKAR, J.) NSN