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Bombay High CourtCAO/989/2023delay condonatedrejected

Rajeshkumar Anandchand Gujarathi And Another v. State Of Maha. Thr. Collector, Akola And Thr. Spl. Land Acquisition Officer, Akola And Another

2023-08-02Hon'Ble Smt. Justice M. S. Jawalkar2 pages

24 cao 989-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAO) NO. 989/2023 I N MISC. CIVIL APPLICATION STAMP NO.

13290/2023 IN FIRST APPEAL STAMP NO. 9899/2021 Rajeshkumar Anandchand Gujarathi and another Vs.

The State of Maharashtra through Collector, Akola and another - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - --- - - - - ------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- Shri V.A. Lohia, Advocate h/f Shri D.R. Khapre, Advocate for appellants Ms T.H. Udeshi, AGP for respondent No.1 CORAM : SMT. M.S. JAWALKAR, J.

DATE : 02/08/2023 Present application is filed for condonation of delay in filing restoration application. It appears that the appeal was listed before the Registrar (Judicial) on 25/11/2021 and 12/07/2022 and was dismissed vide conditional order dated 18/04/2023. However, inadvertently it remained to be noted that registration of appeal came to be refused on 02/05/2023. As such there is delay of 64 days in filing restoration application. The application is supported by affidavit. However, no due diligence is shown by learned Counsel, it is subject to deposit of Rs.1000/- to be deposited Jayashree..

24 cao 989-2023.odt with High Court Bar Library, within three weeks. 2.

As such, delay in filing application for restoration is hereby condoned, subject to above condition. 3.

The Registry is directed to register the Misc. Civil Application.

4.

Application stands disposed of.

MISC. CIVIL APPLICATION STAMP NO. 13290/2023 For the reasons stated in the application, order dated 18/04/2023 and 02/05/2023, passed by Registrar (Judicial), is hereby set aside.

2.

Registry is directed to register First Appeal Stamp No. 9899/2021 on its original stamp number, subject to deposit of costs as directed in Civil Application No. 989/2023 3.

After registration of the first appeal, appellant to remove office objection within two weeks.

Signed By:JAYASHREE SHARAD SHINGNE (SMT. M.S. JAWALKAR, J.) Jayashree..