Mahesh S/O Babarao Wallabhwar v. The State Of Maharashtra Through Colletor, Wardha And 2 Others
(1) 32.cao.924.2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.924 OF 2022 IN MISC. CIVIL APPLICATION STAMP NO.14934 OF 2022 IN FIRST APPEAL STAMP NO.25512 OF 2018 Mahesh s/o Babarao Wallabhwar Vs.
The State of Maharashtra, Through District Collector, Wardha and others ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. K. S. Agrawal, Advocate h/f Mr. S. W. Sambre, Advocate for the appellant/applicant.
Mr. K. L. Dharmadhikar, AGP for respondent Nos.2 and 3. CORAM :
URMILA JOSHI-PHALKE, J.
DATED : 13/03/2023 This application is for condonation of delay in filing restoration application.
As per contention of the applicant, as the Court fee was not deposited, conditional order was passed by the Registrar (Judicial). Inadvertently, the conditional order was not noticed by the learned counsel. The appellant is a poor agriculturist and no source of income as his land is already acquired. Therefore, he could not deposit the Court fee within time and hence the appeal is dismissed.
In view of the reasons mentioned in the application and considering the grounds mentioned
(2) 32.cao.924.2022 therein, application is allowed. Delay of 323 days is condoned.
Civil Application is disposed of.
MISC. CIVIL APPLICATION STAMP NO.14934 OF 2022 On depositing the deficit Court fee, the appeal be restored at its original stage of registration. On failure to deposit the deficit Court fee within four weeks, the earlier order passed by the Registrar (Judicial) will survive.
Misc. Civil Application is disposed.
(URMILA JOSHI-PHALKE, J.) Sarkate SARKATE 17:01