Ashok Pannalal Darda (Dead) Thr. Lrs. Smt. Saroj Ashok Darda And Others v. The State Of Maharashtra Through Collector, Yavatmal And Others

2024:BHC-NAG:9798 1 17-CAO-1052-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NO.1052 OF 2024 IN MCA. ST. NO. 16077 OF 2024 IN FIRST APPEAL NO.796 OF 2023 (D) ASHOK PANNALAL DARDA (DEAD THROUGH LRS) AND OTHERS 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 applicants/appellants. Shri M. A. Kadu, AGP for respondent Nos.1 and 2. CORAM: SANJAY A. DESHMUKH, J.

DATE : 30/08/2024.

1.

This is an application for condonation of delay of 174 days caused for filing application for restoration of appeal which was dismissed for non-filing of private paper book.

2.

Perused the application.

3.

Heard learned Advocates for both sides.

4.

Considering the reasons stated in the application and delay is not deliberately caused, the application deserves to be allowed, in the interest of justice.

5.

The application is allowed and disposed of.

MCA. ST. NO. 16077 OF 2024 6.

This is an application for restoration of appeal.

2 17-CAO-1052-24.odt 7.

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

8.

The application is allowed subject to filing of paper book within two weeks.

9.

It is clarified that if the paper book is not filed within two weeks, the application shall be deemed to be dismisssed for non-compliance of directions of this Court without further order.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 31/08/2024 15:17:40