Laxman S/O Newaji Sawarkar (Dead) Thr. Lrs. Sushilabai Wd/O Laxmanrao Sawarkar And Others v. The State Of Maharashtra Through Collector, Amravati And Others

2023:BHC-NAG:13752 13 cao 131.20.odt..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (C.A.O.) NO. 131 OF 2020 IN MISC. CIVIL APPLICATION (ST) NO.25065 OF 2019 IN R.C. NO.519 /2019 FIRST APPEAL ST. NO.

OF 2019 Laxman s/o Newaji Sawarkar (dead) through his L.Rs. .Vs.

The State of Maharashtra, through Collector, Amravati and ors. _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Ms Krishna Patel, Advocate h/f Shri S.S. Shingane, Advocate for the appellant.

Ms T.H. Udeshi, AGP for respondent Nos.1 and 2. CORAM :

G.A. SANAP, J.

DATE :

12/09/2023 Heard learned Advocate for the applicant.

2.

This is an application for condonation of 131 days delay caused in filing application for restoration of First Appeal. The First Appeal was dismissed for non removal office objection within time.

3.

The reasons stated in the application are sufficient for granting the application. Therefore, the application is allowed. Delay of 131 days caused in filing revision application for restoration of the appeal is condoned subject to cost Rs.3,000/- (Rs. Three Thousand Only). 4.

The cost of Rs.3,000/- (Rs Three Thousand Only) be deposited in M/s the High Court Gazetted Officers Association, Nagpur within two weeks.

13 cao 131.20.odt..odt 5.

If cost is not deposited within two weeks then application shall stand dismissed without reference to the Bench.

5.

The appeal be registered.

6.

The application stands disposed of, accordingly. MISC. CIVIL APPLICATION (ST) NO.25065 OF 2019 1.

Heard.

2.

This is an application for setting aside dismissal order and restoration of Appeal.

3.

The Appeal was dismissed for non removal office objection within time.

4.

In view of the reasons stated in the application, the application is allowed. The dismissal order dated 18/06/2019 is set aside.

5.

The appeal be restored to its original number. 6.

The application stands disposed of.

CAF. NO.

3188/2023 7.

Heard.

8.

Issue notice to the respondents, returnable within eight weeks.

9.

Learned AGP waives service of notice on behalf of respondent Nos.1 and 2.

(G. A. SANAP, J.) manisha