Smt. Sumitrabai Anandrao Gawande (Died) And Another v. The State Of Maharashtra Through District Collector, Yavatmal And Others

2024:BHC-NAG:9793 1 19-CAO-1054-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NO.1054 OF 2024 IN MCA. ST. NO. 16360 OF 2024 IN FIRST APPEAL NO.1674 OF 2019 (D) SMT. SUMITRABAI S/O ANANDRAO GAWANDE (DEAD) THROUGH HER LRS AND ANOTHER 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. Ms. Deepa Charlewar, AGP for respondent-State. CORAM: SANJAY A. DESHMUKH, J.

DATE : 30/08/2024.

1.

This is an application for condonation of delay of 873 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. 16360 OF 2024 6.

This is an application for restoration of appeal.

2 19-CAO-1054-24.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 15:06:36