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Bombay High CourtMCA/915/2025allowed

Bandu S/O Digambar Kadam And Others v. The State Of Maharashtra, Thr. Its Collector, Yavatmal And Others

2025-12-12Hon'Ble Shri Justice Rohit Wasudeo Joshi2 pages

4.1353.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL REVISION APPLICATION NO.53 OF 2025 bandu S/o Digambar Kadam and others .Vs. State of Maharashtra and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. A.M. Raut, Advocate for applicants.

Mr. S.B. Bissa, A.G.P. for respondent/State.

CORAM : ROHIT W. JOSHI, J.

DATE : 12/12/2025 1.

Notice in the Civil Revision Application No.53 of 2025 was issued vide order dated 08.07.2025. However, the applicants did not supply copies to the office for issuance of notices. The Civil Revision Application was listed before this Court on 30.09.2025. Time for supplying copies for issuance of notices was extended upto 10.10.2025 and fresh notice was ordered to be issued to the respondents. However, again the applicants did not supply copies for issuance of notices to the respondents, as a consequence of which, Civil Revision Application came to be dismissed in terms of Clause-4 of the order dated 30.09.2025.

2.

The revisionist/petitioner filed an application for restoration of the Civil Revision Application along with application for condonation of delay of nine days. It is apparent that, the applicants cannot be personally held responsible for dismissal of the revision application.

4.1353.2025.odt 3.

In the circumstances, the application for condonation of delay is allowed. Since notice was not served on the respondents in the Civil Revision Application, the application for condonation of delay is allowed without issuing notice to the respondents, particularly in view of the fact that the delay is only nine days.

MISC. CIVIL APPLICATION NO.26319 OF 2025 4.

Civil Revision Application No.53 of 2025 is restored subject to condition that copies for issuance of notices to the respondents will be provided to the office positively on or before 24.12.2025. On copies being supplied, issue fresh notice to the respondents, returnable on 21.01.2026.

5.

Applicants are directed to serve the respondents by speed post in addition to regular mode of service and file an affidavit of service before the next date. 6.

Mr. Bissa, learned A.G.P. waives service of notice for the respondent Nos.1 and 2/State.

(ROHIT W. JOSHI, J.) C.L. Dhakate