Shivaji S/O Datta Ranmale And Another v. The State Of Maharashtra Through The Collector, Yavatmal And 2 Others

cao 712.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO. 712 OF 2019 in FIRST APPEAL (FA.) NO.183 OF 2012 [Shivaji s/o Datta Ranmale and anr. Vs. The State of Maharashtra and ors.] ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order__________________________________________________________ Shri S. U. Nemade, Advocate for the appellants Shri Nikhil Joshi, AGP for respondent nos. 1 and 3 Shri Raibhandari, Advocate for respondent no. 2 CORAM : M. G. GIRATKAR, J.

DATE : 19/06/2019 Heard learned Advocate Shri Nemade for the appellants. He has submitted that appeal is came to be dismissed for not filing private paper book. Appellant was not aware about the dismissal of appeal. He has also submitted that applicants are tribal. First Appeal was dismissed for non-payment of court fee, thereafter, the tribal are exempted by the State of Maharashtra by issuing circular. Therefore, there is delay of 498 days. Learned AGP Shri Joshi for respondent nos. 1 and 3 and learned Advocate Shri Raibhandari for respondent no. 2 have strongly objected the application.

cao 712.2019.odt Looking to the grounds mentioned in the application, the application is allowed. The delay is condoned, subject to filing of paper book within one week. Appeal be restored to file at the stage when it was dismissed.

JUDGE SMGate