Motiram Ramrao Kale v. The State Of Maharashtra Through Collector, Yavatmal And Others

2024:BHC-NAG:7368 1 23-MCA-531-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

MISC.CIVIL APPLICATION NO. 531 OF 2024 IN FIRST APPEAL NO. 1228 OF 2023 SHRI MOTIRAM RAMRAO KALE Vrs.

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 --------------------------------------------------------------------------------------------------------- Shri I. M. Ghongade, Advocate for applicant/appellant. Shri M.A.Kadu, AGP for respondent Nos.1 and 2. Shri Tarik Zahir, Advocate for respondent No.3. CORAM: SANJAY A. DESHMUKH, J.

DATE : 11/07/2024.

1.

This is an application for restoration of appeal.

2.

Perused the application.

3.

Heard learned advocates for both sides.

4.

The applicant could not file paper book within time.

5.

For the reasons stated in the application, the application is allowed as prayed, in the interest of justice. 6.

The application is disposed of.

FIRST APPEAL NO. 1228 OF 2023 7.

Learned advocate for the appellant pointed out the Judgment of this Court passed in First Appeal (St.) No. 3056/2023 (Shri Sambhaji Namdeo Borchate Vrs. State of Maharashtra and others) in which the filing of the

2 23-MCA-531-24.odt paper book is dispensed with, as the issue is covered by the earlier Judgment of this Court.

8.

Issue notice to the respondents.

9.

Shri M.A.Kadu, learned AGP waives service of notice for respondent Nos.1 and 2.

10.

Shri Tarik Zahir, learned counsel waives service of notice for respondent No.3.

11.

Stand over to 15/07/2024.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 12/07/2024 14:20:05