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Bombay High CourtCAF/1160/2019disposedoff

Yamunabai Hari Chavhan Thr. P.O.A. Shri. Vasanta S/O Deosing Chavhan v. The State Of Maharashtra Through Collector, Yavatmal And Others

2020-12-16Hon'Ble Shri Justice S.M. Modak2 pages

1 CAF1160.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (F) No.1160/2019 in First Appeal St No.19866/2018 (Yamunabai Chavhan V State of Maharashtra and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------- Shri S.V. Ingole, Adv fr appellant.

Ms Utrassha Vaidya, Adv h/f I.P. Khisti, Adv for resp. no.3. Shri M.A. Kadu, AGP for resp. nos.1 and 2.

CORAM : S.M. MODAK, J.

DATE : 16-12-2020.

Though this application was dismissed against respondent no.3 by the learned Registrar (Judicial), the respondent no.3 has appeared on the basis of the intimation given on behalf of the appellant. It is submitted that the VIDC has already preferred an appeal. In view of the certain set of facts, these proceedings are restored against respondent no.3 on the basis of oral request.

There is a delay of 384 days. It is strongly opposed. The reasons are convincing. The claimant is ready to waive the interest. Hence, the order :-

O R D E R

(a) The delay of 384 days in preferring an appeal is condoned, subject to waiver of interest for that period. Application is disposed of.

First Appeal No. /2020 Heard.

Issue notice to the respondents,

2 CAF1160.19 Learned AGP waives notice for respondent nos. 1 and 2. Ms Vaidya, learned Advocate waives notice for respondent no.3.

Admit.

Call R and P.

Matter be kept after receipt of R and P.

(S.M. Modak, J.) Deshmukh