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Bombay High CourtCAO/623/2018admittedallwdgrantedrule absolute

Mohd. Rafique Abdul Razzaq v. State Of Maharashtra, Through Collector, Yavatmal And Others

2018-08-21Hon'Ble Shri Justice V.M. Deshpande2 pages

cao623.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO.623/2018 AND MISC. CIVIL APPLICATION ST. NO.25203/2017 IN FIRST APPEAL ST. NO.5974/2016 Mohd. Rafique Abdul Razzaq ..vs.. State of Maharashtra through Collector, Yavatmal and ors.

____________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. V. N. Patre, Advocate for applicant.

Mr. I. Damle, A.G.P. for non applicant-State. CORAM : V.M. DESHPANDE, J.

DATED : AUGUST 21, 2018 1.

Heard Mr. Patre, learned counsel for applicant and Mr. Damle, learned A.G.P. for non applicant-State. 2.

An appeal was preferred by the applicant before this Court challenging the judgment and decree passed by the learned Civil Judge Senior Division, Darwha dated 23.10.2015 in Land Acquisition Case No.1733/2004. The said appeal was barred by limitation and therefore an application for condonation of delay was also filed. 3.

The appeal as well as the application for condonation of delay in preferring the appeal was dismissed in view of order passed by the learned Registrar on 07.06.2016. 4.

The application for restoration is filed, however, there is a delay in moving the said application and therefore the present application for condonation of delay is filed.

cao623.18.odt 5.

The applications for restoration of appeal and condonation of delay are duly affirmed by Mr. V. N. Patre, Advocate. For the reasons stated in the applications, both the applications are allowed. Delay in moving the application for restoration is condoned. The appeal is restored to the file The applications are disposed of.

Learned counsel for the applicant to remove the office objections within 10 days from today.

JUDGE kahale Digitally signed by Yogesh Arvind Kahale Date:

2018.08.23 17:03:33 +0530 Yogesh Arvind Kahale