Sau. Durgabai Himmat Chavhan v. The State Of Maharashtra Through Collector, Yavatmal And Others

cao865.24.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) No.865 OF 2024 IN MISC. CIVIL APPLICATION ST. No.13696 OF 2024 IN FIRST APPEAL No.226 OF 2021 (D) (Sau. Durgabai Himmat Chavhan Vs. The State of Maharashtra, through Collector, Yavatmal and others) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. S.V. Ingole, Advocate for appellant.

C ORAM : SANJAY A. DESHMUKH, J.

D ATE : 23 rd JULY, 2024.

1.

This is an application for condonation of delay of 204 days caused for filing restoration application. 2.

Issue notice to the respondents.

3.

Mr. M.A. Kadu, learned Advocate waives service of notice on behalf of respondent Nos.1 and 2. 4.

Ms. Ira Khisti, learned Advocate waives service of notice on behalf of respondent No.3.

5.

Perused the application.

6.

Heard learned Advocate for both sides.

7.

Learned A.G.P. for respondent Nos.1 and 2 has strongly objected the application.

8.

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

9.

The application is allowed.

cao865.24.odt 2/2 10.

The delay of 204 days caused in preferring the application for restoration of the appeal is condoned. 11.

The application is disposed of.

MISC. CIVIL APPLICATION ST. No.13696 OF 2024. 1.

This is an application for restoration of the first appeal which is dismissed for non-filing of private paper-book.

2.

Issue notice to the respondents.

3.

Mr. M.A. Kadu, learned Advocate waives service of notice on behalf of respondent Nos.1 and 2. 4.

Ms. Ira Khisti, learned Advocate waives service of notice on behalf of respondent No.3.

5.

Perused the application.

6.

Heard learned Advocate for both sides.

7.

Learned A.G.P. for the respondent Nos.1 and 2 has strongly objected the application.

8.

Considering the reasons stated in the application, the application deserves to be allowed. 9.

The application is allowed on condition that paper-book be filed within three weeks, otherwise this application will be dismissed without further reference to the Court.

10.

The appeal is restored on its original number. 11.

The application is disposed of.

FIRST APPEAL No.226 O F 202 1.

1.

Stand over after three weeks.

(SANJAY A. DESHMUKH, J.) Wadode Signed by: Mr. Devendra Wadode Designation: PA To Honourable Judge Date: 24/07/2024 18:33:22