Smt. Narmadabai Damdu Rathod (Dead) Thr. Lrs. Pradeep S/O Damdu Rathod v. The State Of Maharashtra Through Collector, Yavatmal

2024:BHC-NAG:10245 1 15-CAO-1109-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NO. 1109 OF 2024 IN M.C.A. ST. NO. 16361 OF 2024 IN FIRST APPEAL ST. NO.12603 OF 2020 SMT. NARMADABAI DAMDU RATHOD (SINCE DEAD) THROUGH HER L.R. PRADEEP S/O DAMDU RATHOD 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. S. Nemade, Advocate h/f Shri S. U. Nemade, Advocate for applicant/appellant.

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 412 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 applicant submitted that he will remove the office objections within two weeks.

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 15-CAO-1109-24.odt 6.

The application is allowed and delay of 412 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 two weeks, then this application shall be deemed to be dismissed without any further order.

8.

The application is disposed of.

M.C.A. ST. NO. 16361 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 applicant shall remove all the office objections within two weeks.

13.

If the office objections are not removed within two weeks, 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 15:18:49