Ramchandra S/O Shamrao Dhole v. The State Of Maharashtra And Others

cao1848 & mca st.20539.18 12

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CAO NO.1848/2018 AND MCA ST.NO.20539/2018 IN FA ST.NO.22076/2016 Ramchandra s/o Shamrao Dhole ..vs..

The State of Mah. and ors ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ............................................................................................................................................................................................. Shri R.J. Shinde, Counsel for the applicant.

Shri I.J. Damle, AGP for the non-applicants

CORAM

: V.M. DESHPANDE, J.

DATED : OCTOBER 16, 2018.

1.

Heard learned counsel Shri R.J. Shinde for the applicant and learned Assistant Government Pleader Shri I.J. Damle for the non-applicants.

2.

The applicant filed an appeal before this Court challenging judgment and decree dated 10.4.1992 passed by learned Civil Judge Senior Division, Pusad in LAC No.388/1990.

3.

The appeal was on stamp since the applicant could not remove office objections and could not deposit deficit Court Fee. Time and again, the matter was listed for removing the office objections. However, the office objections were not removed. Consequently, in view of the orders passed by Registrar on 26.2.2017 the Stamp was refused. For restoration of the first appeal stamp, there was delay. Therefore, applications for condonation of delay and .....2/-

cao1848 & mca st.20539.18 12 for restoration of the first appeal stamp were filed. Delay is of 419 days.

4.

After hearing learned counsel Shri R.J. Shinde for the applicant and after perusing contents of the application, I find that the applicant has made out a case. 5.

Hence, for the reasons stated in the applications, the applications are allowed. The delay is hereby condoned. The first appeal stamp is hereby restored to file.

6.

Learned counsel for the applicants to remove the office objections within a period of two weeks from today.

7.

Both applications are disposed of accordingly. JUDGE !! BRW !!

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