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Bombay High CourtMCA/1157/2019admittedallwdgrantedrule absolute

Sau. Pratibha Manoharrao Tayade (Dead) Thr. Lrs. Manoharrao Manikrao Tayade And Others v. The State Of Maharashtra Through The Collector, Yavatmal And Others

2019-11-13Hon'Ble Shri Justice Vinay Joshi2 pages

1 cao2066.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO. 2066 OF 2019 IN MISC. CIVIL APPLICATION (ST) NO. 21988 OF 2019 IN FIRST APPEAL ST. NO. 16115 OF 2019 (R.C. 709/19) Sau. Pratibha Manoharrao Tayade (Dead), thr. LR's (A) Manoharrao Manikrao Tayade & ors. ..VS..

State of Maharashtra, thr. Collector and ors. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.A. Kothale, Adv. for appellants.

Shri Aalap Palshikar, A.G.P. for respondents. CORAM : VINAY JOSHI, J.

DATED : 13 th NOVEMBER, 2019 This is an application of original claimants seeking condonation of delay of 14 days in taking out the restoration application of First Appeal which was dismissed for non-compliance of the office objection. For the reasons stated in the application, the delay stands condoned. The Restoration Application is restored. The Civil Application is disposed accordingly. MISC. CIVIL APPLICATION (ST) NO. 21988 OF 2019 This is an application for restoration by setting aside the order of refusal of stamp no. 709 of 2019 by which the First Appeal was refused for want of compliance of office objection.

2 cao2066.19 2.

It is informed that, the appellant has not furnished the power of attorney within stipulated period which resulted into refusal of stamp. The appellant has submitted that, he would comply with the office objection within one week of restoration. In view of that, Misc. Civil application is allowed.

3.

The order of cancellation of stamp no. 709 of 2019 is set aside. The appellant to comply with the office objection within one week. On compliance, the appeal be registered.

JUDGE Trupti