← Library
Bombay High CourtCAF/2347/2024ca disposed off

Vijay S/O Narayanrao Mate v. State Of Maharashtra, Through The Collector, Akola And 2 Others

2024-09-12Hon'Ble Shri Justice Sanjay Anandrao Deshmukh3 pages

2024:BHC-NAG:10288-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.2348 OF 2024 IN FIRST APPEAL NO.640 OF 2012 (D) Vijay S/o Narayanrao Mate .Vs. State of Mah., through Collector, Dist. Akola and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri C.A. Joshi, Advocate for appellant.

Shri M.A. Kadu, A.G.P. for respondents/State. CORAM : SANJAY A. DESHMUKH, J.

DATED : 12/09/2024 1.

This is an application for condonation of delay of 1346 days caused for filing application for bring legal representatives.

2.

Heard learned advocates for both sides.

3.

Perused the application.

4.

Considering reasons stated in the application, particularly, Rule 10A, Order XX of the Code of Civil Procedure, 1908 was not followed. Therefore, delay was caused for filing appeal and application for bringing legal representatives of appellant on record.

5.

Considering this reasons and peculiar set of facts, it appears that delay is not deliberately caused. However, it would be proper to allow the application with costs of Rs.3,000/- to be deposited in the office of Vidarbh

Lady Lawyers' Association within a week. Hence, the following order :

6.

The application is allowed subject to payment of costs of Rs. 3000/- to be deposited with Vidarbha Lady Lawyers' Association, Nagpur.

7.

Civil application is allowed and disposed of. CIVIL APPLICATION (CAF) No.2347 OF 2024 8.

This is an application for setting aside the abatement.

9.

Heard learned advocates for both sides.

10.

Perused the application.

11.

Considering reasons stated in the application, the application deserves to be allowed in the interest of justice.

12.

The application is allowed and disposed of.

CIVIL APPLICATION (CAF) NO.2349 OF 2024 13.

This is an application for permission to bring legal representatives of appellant on record. 14.

Heard learned advocates for both sides.

15.

Perused the application.

16.

Considering reasons stated in the application, the application deserves to be allowed in the interest of justice.

17.

Amendment be carried out within a week. If the amendment is not carried out within a week, the

application shall deemed to be rejected without further orders.

FIRST APPEAL NO.640 OF 2012 18.

Stand over to 19.09.2024.

(SANJAY A. DESHMUKH, J.)