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Bombay High CourtCAO/1297/2024allowed

Vitthal S/O Gangaram Thakre v. The State Of Maharashtra, Represented By The Collector, Washim And Others

2024-10-21Hon'Ble Shri Justice Sanjay Anandrao Deshmukh2 pages

1 15cao1297.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAO] NO.1297 OF 2024 IN MISC. CIVIL APPLICATION ST. NO.19485 OF 2024 IN FIRST APPEAL ST. NO.6927 OF 2023 [Vitthal s/o Gangaram Thakre .vs. The 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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Alpesh Deshmukh, Advocate for Applicant-Appellant. Mr. M.A. Kadu, AGP for Respondent Nos.1 and 2. ..........

CORAM : SANJAY A. DESHMUKH, J.

DATE : 21 st OCTOBER, 2024.

1.

This is an application under Section 5 of the Limitation Act for condonation of delay of 401 days caused for filing the application for restoration of first appeal. 2.

Perused the application. Heard the learned Advocate for the applicant.

3.

Considering the reasons stated in the application, it appears that the delay is not deliberately caused. The application, therefore, deserves to be allowed in the interest of justice. Hence, the application is allowed, subject to condition that the applicant shall remove the office objection and particularly pay the court fees within a period of one week. The application is thus conditionally allowed and disposed. Misc. Civil Application St. No.19485/2024 1.

This is an application for restoration of first appeal which was dismissed for non removal of office objections. 2.

Perused the application. Heard the learned Advocate

2 15cao1297.24.odt for the applicant.

3.

Considering the grounds stated in the application, the application deserves to be allowed in the interest of justice with the condition to remove the office objection and pay the court fees within a period of one week.

4.

The application is allowed and disposed.

(SANJAY A. DESHMUKH, J.) Gulande