Bombay High CourtCAO/121/2018admittedallwdgrantedrule absolute

Girdhar S/O Tejram Kapgate And Another v. State Of Maharashtra, Thr. Revenue Department, Collector, Bhandara And Another

2018-03-28Hon'Ble Shri Justice Z.A. Haq2 pages

1 ca0121.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.121 OF 2018 AND MISC. CIVIL APPLICATION ST. NO. 20575 OF 2017 IN FIRST APPEAL NO. 135 OF 2001 (GIRIDHAR TEJRAM KAPGATE & ANR....VS.. STATE OF MAH. REVENUE DEPT. & OTH..) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.G.Shukla, Advocate for Appellants.

CORAM : Z.A.HAQ, J.

DATED : MARCH 28, 2018.

Accepting the explanation given in the application and considering the facts of the case, delay of 3979 days in filing the miscellaneous civil application is condoned, the order passed by this Court on 4th August, 2006 is recalled and the consequential order passed by the learned Registrar (Judicial) on 29th September, 2006 is set aside and the first appeal is restored.

The civil application and miscellaneous civil application are allowed accordingly. No costs. FIRST APPEAL NO.135/2001.

Ms Mrunal Barabde, A.G.P. waives notice for the respondents.

The appellant is granted eight weeks' time to file private paper book.

2 ca0121.18 PURSIS ST. NO.14879/2017.

For the reasons stated in the pursis, the appellant No.1 is permitted to delete name of the appellant No.2 at his own risk.

JUDGE RRaut..