← Library
Bombay High CourtCAO/252/2020delay condonatedrejected

Waman S/O Hari Wayal (Dead) Through Lrs. Harnabai Waman Wayal (Dead) And Others v. The State Of Maharashtra Through Collector, Buldhana And Another

2021-01-04Hon'Ble Shri Justice S.M. Modak2 pages

1 CAO 252.2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (O) No.252/2020 in MCA St. No.24529/2019 in First Appeal No.414/2012 (D) (Waman Wayal thr Lrs and others V The State of Maharashtra and another) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------- Shri P.B. Patil, Adv for appellants.

Shri M.A. Kadu, AGP for respondent no.1.

CORAM : S.M. MODAK, J.

DATE : 04-01-2021.

Heard learned Advocate Shri Patil for the appellants and learned AGP Shri Kadu for respondent no.1.

2.

The learned Registrar (Judicial) has dismissed the First Appeal as per order dated 14-03-2017. It was for want of prosecution that is not filing the private paper book. Now the appellants are ready with the private paper book. They need to be given an opportunity to argue on merits.

3.

The respondent no.2 is having separate identity. Though they are not served, considering the limited issue involved, it can be heard.

4.

There is a delay for filing restoration application. The reasons are convincing. Hence, the order :- Order a) The delay caused in filing restoration application is condoned.

b) The order of learned Registrar (Judicial) dated 14-03-2017 is set aside, subject to filing of private paper book within a period of one week subject to that First Appeal No.414/2012 be restored.

2 CAO 252.2020 c) Application is disposed of.

First Appeal No.414/2012 Subject to compliance of above conditions, appeal be placed before this Court. Subject to the compliance, the notice be issued to respondent no.2.

Appeal be fixed before this Court after a period of four weeks.

(S.M. Modak, J.) Deshmukh