Nandkishor S/O. Shesharao Thakare v. The State Of Maharashtra, Through Collector, Yavatmal And Others

2024:BHC-NAG:7682 1 15-CAO-828-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NO. 828 OF 2024 IN MISC.CIVIL APPLICATION ST. NO.13014 OF 2024 IN FIRST APPEAL NO. 538 OF 2017 (D) NANDKISHOR S/O SHESHARAO THAKARE Vrs.

THE 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 S. V. Ingole, Advocate for applicant/appellant. Shri P. P. Pendke, AGP for respondent Nos.1 and 2. Shri M. A. Kadu, Advocate for respondent No.3. CORAM: SANJAY A. DESHMUKH, J.

DATE : 18/07/2024.

1.

This is an application for condonation of delay of 831 days caused for filing restoration application of appeal.

2.

Perused the application.

3.

Heard learned advocates for both sides.

4.

Learned advocates for the respondents have strongly objected the application.

5.

Considering the peculiar set of facts, delay caused for filing restoration application of appeal was because of covid - 19 and the appeal was dismissed by order dated 16/06/2021.

6.

Considering this fact, application deserves to be allowed, in the interest of justice.

7.

Application is allowed and disposed of.

2 15-CAO-828-24.odt MISC.CIVIL APPLICATION ST. NO.13014 OF 2024 8.

This is an application for restoration of appeal which was dismissed for non-filing of paper book within six months.

9.

Considering the fact that because of Covid-19, the directions have not been complied with.

10.

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

11.

Application is allowed and disposed of.

FIRST APPEAL NO. 538 OF 2017 (D) 12.

Learned advocate for the appellant seeks one week's time for filing paper book.

13.

Time granted.

14.

Stand over after one week.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 19/07/2024 18:21:51