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Bombay High CourtCAO/2143/2019allowed

Mangesh S/O Ajabrao Balbudhe v. The State Of Maharashtra, Through Collector, Chandrapur And Another

2023-01-04Hon'Ble Shri Justice Anil S. Kilor2 pages

117cao2143-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (CAO) No.2143 of 2019 In Misc. Civil Application (st) No.17921 of 2019 Writ Petition No.886 of 2018 (D) MANGESH S/O AJABRAO BALBUDHE VS THE STATE OF MAHARASHTRA, THROUGH COLLECTOR, CHANDRAPUR AND ANOTHER Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri B.M. Dable, Advocate for the Petitioner Ms Jaipurkar, AGP for the State CORAM :ANIL S. KILOR, J.

DATED : 04.01.2023.

Heard.

This is an application for condonation of delay in filing restoration application. Delay is of 374 days. It is the case of the petitioner that inadvertently objections were not removed and accordingly, for non-removal of office objections, registration of was refused and the petition was dismissed.

However, the petitioner had no knowledge about the same and therefore, after receipt of the knowledge, the application for restoration was moved.

With the reasons stated in the application, I am satisfied that the sufficient cause is shown and therefore, though the learned nd.thawre

117cao2143-19.odt AGP opposes the present application, I am of the opinion that the application should be allowed with costs. Accordingly, I pass the following order:

The application is allowed, subject to deposit of Rs.2,000/- towards costs with the High Court Legal Services SubCommittee, Nagpur. Misc. Civil Application (st) No.17921 of 2019 For the reasons stated in the application, the application for restoration is allowed, subject to removal of office objections within two weeks.

The application is disposed of.

[ANIL S. KILOR, J.] DOMAJI THAWRE 11:31 nd.thawre