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Bombay High CourtCAO/1029/2024delay condonatedrejected

B. M. Shekhawat (Dead) By Lrs. N. B. Shekhawat (Dead) Thr. Lrs. Kanchan Bhavanising Rathod And ORS v. The State Of Maharashtra Represented By The Collector, Yavatmal And Another

2024-08-26Hon'Ble Shri Justice Sanjay Anandrao Deshmukh2 pages

cao1029.24.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) No.1029 OF 2024 IN MISC. CIVIL APPLICATION ST. No.15361 OF 2024 IN FIRST APPEAL No.469 OF 2022 (D) (Bagsingh s/o. Madansing Shekhawat (dead), through LRs 1) Narayansingh s/o. Bagsing Shekhawat (dead), through LRs. 1-a) Kanchan Bhavansingh Rathod and others Vs. The State of Maharashtra, represented by the Collector, Yavatmal and another) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. R.J. Shinde, Advocate for appellant-applicant. Mr. P.P. Pendke, AGP for respondents.

C ORAM : SANJAY A. DESHMUKH, J.

D ATE : 26 th AUGUST, 2024.

1.

This is an application for condonation of delay of 162 days caused in filing restoration application. 2.

Perused the application.

3.

Heard learned Advocates of both sides.

4.

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

5.

The application is allowed.

6.

The delay of 162 days in filing restoration application is condoned.

7.

The application is disposed of.

MISC. CIVIL APPLICATION ST. No.15361 OF 2024. 1.

This is an application for restoration of the first

cao1029.24.odt 2/2 appeal, which was dismissed for non-compliance of office objections.

2.

By order dated 23.3.2023 this Court directed the appellant to add the V.I.D.C. as a necessary party party. But amendment is not carried out.

3.

Learned Advocate for the applicant submits that he will carry out amendment by adding VIDC as a party respondent.

4.

Perused the application.

5.

Heard learned Advocates of both sides.

6.

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

7.

The application is allowed.

8.

The appeal is restored on its original number, subject to carrying out amendment within a week. 9.

If the amendment is not carried out within a week, the application shall be deemed to be rejected without further order.

10.

The application is disposed of.

(SANJAY A. DESHMUKH, J.) Wadode Signed by: Mr. Devendra Wadode Designation: PA To Honourable Judge Date: 27/08/2024 12:17:45