Pandu Lalu Ade (Since Dead) Thr. Lrs. Suresh Pandu Ade And Others v. The State Of Maharashtra Thr. Collector, Yavatmal And Others
2023:BHC-NAG:13695 40 cao 1164.23.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION (C.A.O.) NO. 1164 OF 2023 IN MISC. CIVIL APPLICATION (ST) NO.14823 OF 2023 IN FIRST APPEAL NO.
OF 2020 Pandu Lalu Ade (Dead) through his LR's 1. Suresh Pandu Ade and Ors. .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 V.N. Patre, Advocate for the appellants. Ms T.H. Udeshi, AGP for respondent Nos. 1 and 3. CORAM :
G.A. SANAP, J.
DATE :
12/09/2023 Heard learned Advocate for the parties.
2.
This is an application for condonation of 90 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 90 days caused in filing application for restoration of the appeal is condoned subject to cost Rs.2,000/- (Rs. Two Thousand Only).
4.
The cost of Rs.2,000/- (Rs Two Thousand Only) be deposited in M/s the High Court Gazetted Officers Association, Nagpur within two weeks.
40 cao 1164.23.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.14823 OF 2023 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 11/04/2023 is set aside.
5.
The appeal be restored to its original number. 6.
The application stands disposed of.
FIRST APPEAL NO.
OF 2020 7.
On registration, issue notice to the respondents, returnable within eight weeks.
8.
Learned AGP waives service of notice on behalf of respondent Nos.1 and 3.
(G. A. SANAP, J.) manisha