Champat Januji Walke (Since Deceased) Thr. Lrs. Ambadas S/O Champatrao Walke And Others v. The State Of Maharashtra, Thr. Collector, Wardha And Others

26 CAO-824-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (O) NO.824 OF 2022 IN MISC. CIVIL APPLICATION (ST) NO.16567 OF 2022 IN FIRST APPEAL (ST) NO.7480 OF 2017 [Champat Januji Walke and Ors. ..V/s.. The State of Maharashtra and Ors.] ________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr A. R. Ingole, Advocate for Applicants/Appellants. Mr M. A. Kadu, AGP for Respondent Nos.1 and 2. Mr T. M. Zaheer, Advocate for Respondent No.3. CORAM : URMILA JOSHI-PHALKE , J.

DATE : 14 th MARCH , 202 3 .

.

This application is for condonation of delay of 1199 days, which is caused in preferring the restoration application. The appeal is already dismissed as the office objection was not removed.

2.

The ground raised by the applicants is that inadvertently the office objection remained to be removed, as it was not noted by the Counsel.

3.

In view of the reasons mentioned in the application, civil application is allowed. Delay of 1199 days caused in preferring the appeal is condoned subject to the waiver of the interest for the delayed period, if the claimants succeed in enhancement of the compensation.

MISC. CIVIL APPLICATION (ST) NO.16567 OF 2022 4.

On removal of the office objection within two weeks, the appeal be restored at its original stage of registration. On TAMBE

26 CAO-824-2022 failure to remove the office objection within two weeks, the earlier order passed by the Registrar (Judicial) will survive. 5.

Both the civil applications are disposed of accordingly. JUDGE ASHOKRAO TAMBE Personal Assistant to Hon'ble JUDGE TAMBE