Kundalik S/O Namdeo Misal v. The State Of Maharashtra, Through The Collector, Buldhana And Others

2024:BHC-NAG:8215 1 11-CAO-905-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NO. 905 OF 2024 IN MCA ST. NO. 14055 OF 2024 IN FIRST APPEAL NO. 61 OF 2024 (D) KUNDLIK NAMDEO MISAL 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 : 31/07/2024.

1.

Issue notice to the respondents.

2.

Shri P.P. Pendke, learned AGP waives service of notice for respondent Nos.1 and 2.

3.

Shri M. A. Kadu, Advocate waives service of notice for respondent No.3.

4.

This is an application for condonation of delay of 13 days caused for preferring application for restoration of appeal which was dismissed for noncompliance of directions to file private paper book. 5.

Perused the application.

6.

Heard learned Advocates for both sides.

7.

Considering the grounds stated in the application and the delay caused for preferring the restoration application is allowed, in the interest of justice

2 11-CAO-905-24.odt as prayed with directions to the appellant to file paper book within a week.

MCA ST. NO. 14055 OF 2024 8.

This is an application for restoration of first appeal which was dismissed for non-compliance of directions of this Court for not filing paper book within time.

9.

Learned advocate for the applicant submits that the paper book is ready and it can be filed immediately.

10.

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

11.

Application is allowed and disposed of.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 01/08/2024 10:50:01