Murlidhar Kashinath Lawhare(Dead) Thru. Lrs And ORS. v. State Of Mah. Thru. Collector And Anor.

cao.1038.17.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (O) NO. 1038 OF 2017 IN FIRST APPEAL NO. 306 OF 2008 (DISMISSED) ( Murlidhar Kashinath Lawhare(dead) through legal heirs Shantabai Wd/o Murlidhar Lawhare and others..vs..State of Maharashtra, through Collector,Nagpurand another.) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri C.R.Najbile, Advocate for applicants.

Shri A.R.Chutke, A.G.P. for State.

CORAM: SMT. DR. SHALINI PHANSALKAR-JOSHI, J.

DATE: 2 nd August, 2017.

This is an application filed by the applicants for condonation of delay in filing the application for restoration of first appeal. The delay is of 21 days only and the appeal was dismissed for default in summer vacation. The delay is condoned.

The application is allowed and disposed of.

MISC.CIVIL APPLICATION(STAMP) NO.15546 OF 2017 This is an application for restoration of the appeal which came to be dismissed for default.

For the reasons stated in the application, that appeal was dismissed for want of prosecution in summer vacation on 29/5/2017 when as per the learned counsel for the appellants that he has informed the appellants that he

cao.1038.17.odt 2 will not be available sufficient cause is made out for restoration of the appeal.

Hence, application is allowed and appeal is restored to its original file.

The application is disposed of.

JUDGE Kitey