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Bombay High CourtCAO/1104/2024disposed off

Gowardhan Narayan Wankhede (Dead) Thr. Lrs. Ushabai Gowardhan Wankhede And Others v. State Of Maharashtra Through The Collector, Yavatmal And Others

2024-09-10Hon'Ble Shri Justice Sanjay Anandrao Deshmukh2 pages

2024:BHC-NAG:10242 1 14-CAO-1104-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NO. 1104 OF 2024 IN M.C.A. ST. NO. 17138 OF 2024 IN FIRST APPEAL ST. NO.9484 OF 2022 GOWARDHAN NARAYAN WANKHEDE (DEAD) THROUGH LRS AND OTHERS Vrs.

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 A. B. Nakshane, Advocate for applicants/appellants. Shri M.A.Kadu, AGP for respondent Nos.1 and 2. CORAM: SANJAY A. DESHMUKH, J.

DATE : 10/09/2024.

1.

This is an application for condonation of delay of 625 days caused for filing application for restoration of the appeal, which was dismissed for nonremoval of office objections. 2.

Perused the application.

3.

Heard learned Advocates for both sides.

4.

Learned advocate for the applicants submitted that he will remove the office objections within a week. 5.

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

2 14-CAO-1104-24.odt 6.

The application is allowed and delay of 625 days caused for filing application for restoration of the appeal is condoned, in the interest of justice. 7.

If the office objections are not removed within a week, then this application shall be deemed to be dismissed without any further order.

8.

The application is disposed of.

M.C.A. ST. NO. 17138 OF 2024 9.

This is an application for restoration of appeal which was dismissed for non-removal of office objections. 10.

Perused the application.

11.

Heard learned Advocates for both sides.

12.

Considering the reasons stated in the application, application deserves to be allowed on the condition that the applicants shall remove all the office objections within a week.

13.

If the office objections are not removed within a week, then this application shall be deemed to be dismissed without any further order.

14.

Application is allowed and disposed of.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 12/09/2024 15:12:02