Madhukar S/O Gajanan Yenkar v. State Of Maharashtra Through Collector, Wardha And Others

2023:BHC-NAG:13743 9 cao 2379.19.odt..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (C.A.O.) NO. 2379 OF 2019 IN MISC. CIVIL APPLICATION (ST) NO.14766 OF 2019 IN R.C.NO.463 OF 2019 IN FIRST APPEAL ST. NO.

28245 OF 2018 Madhukar s/o Gajananrao Yenkar .Vs.

The State of Maharashtra and Ors.

_______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri S.A. Radke, Advocate for the appellant.

Ms T.H. Udeshi, AGP for respondent Nos. 1 and 2. CORAM :

G.A. SANAP, J.

DATE :

12/09/2023 Heard learned Advocate for the parties.

2.

This is an application for condonation of 1 days delay caused in filing application for restoration of the appeal.

3.

The reasons stated in the application are sufficient for granting the application. Therefore, the application is allowed. Delay of 1 day caused in filing application for restoration of the appeal is condoned subject to cost Rs.1,000/- (Rs. One Thousand Only).

4.

The cost of Rs.1,000/- (Rs One Thousand Only) be deposited in M/s the High Court Gazetted Officers Association, Nagpur within two weeks.

9 cao 2379.19.odt..odt 5.

If cost is not deposited within two weeks then application shall stand dismissed without reference to the Bench.

5.

The appeal be registered.

6.

The application stands disposed of, accordingly. MISC. CIVIL APPLICATION (ST) NO.14766 OF 2019 1.

Heard.

2.

This is an application for setting aside dismissal order and restoration of first appeal.

3.

The reasons have been stated in the application. 4.

In view of the reasons stated in the application, the application is allowed. The dismissal order dated 09/07/2019 is set aside.

5.

The appeal be restored to its original number. 6.

The application stands disposed of.

FIRST APPEAL ST. NO. 28245 OF 2018 7.

Heard.

8.

Issue notice to the respondents, returnable within eight weeks.

9.

Learned AGP waives service of notice on behalf of respondent Nos.1 and 2.

(G. A. SANAP, J.) manisha