Shashikala Laxman Oahar v. The Collector, Buldhana And Others

2024:BHC-NAG:9673 1 22-CAO-793-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NO. 793 OF 2024 IN MCA ST. NO. 11175 OF 2024 IN FIRST APPEAL NO. 728 OF 2019 (D) SHASHIKALA LAXMAN OAHAR Vrs.

THE COLLECTOR, BULDANA 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 S. D. Dharaskar, Advocate h/f Shri K. S. Narwade, Advocate for applicant/appellant.

Shri P. P. Pendke, AGP for respondent Nos.1 and 3. Shri M.A.Kadu, Advocate for respondent No.2.

CORAM: SANJAY A. DESHMUKH, J.

DATE : 27/08/2024.

1.

Issue notice to the respondents.

2.

Shri P. P. Pendke, learned AGP waives service of notice for respondent Nos.1 and 3.

3.

Shri M.A.Kadu, learned counsel waives service of notice for respondent No.2.

4.

There is delay of 160 days caused for filing application for restoration of appeal which was dismissed for non-removal of office objections i.e. non-filing of paper book.

5.

Perused the application.

6.

Heard learned Advocates for both sides.

2 22-CAO-793-24.odt 7.

For the reasons stated in the application, application deserves to be allowed.

8.

The application is allowed and disposed of.

MCA ST. NO.

11175 OF 2024 9.

This is an application for restoration of appeal.

10.

Perused the application.

11.

Heard learned Advocates for both sides.

12.

Considering the reasons stated in the application, application for restoration of appeal deserves to be allowed in the interest of justice.

13.

Application is allowed and disposed of.

FIRST APPEAL NO. 728 OF 2019 14.

Learned advocate for the applicant submits that paper book is ready and it can be filed within a week. 15.

If the paper book is not filed within a week, application shall be deemed to be dismissed without further order.

16.

Stand over after four weeks.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 29/08/2024 17:05:09