Mahadeo Haribhau Talware (Dead) Thr. Lrs. Smt. Bhumika Mahadeo Talware And Others v. State Of Maharashtra Thr. Collector, Yavatmal And Others

2024:BHC-NAG:11531 1 15-CAO-1266-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NO.1266 OF 2024 IN MCA ST. NO. 17392 OF 2024 IN FIRST APPEAL ST. NO. 7860 OF 2022 MAHADEO HARIBHAU TALWARE (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. Ms.Mukta Kavimandan, AGP for respondent Nos.1 and 2. CORAM: SANJAY A. DESHMUKH, J.

DATE : 15/10/2024.

1.

This is an application for condonation of delay of 678 days caused for filing application for restoration of 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 is ready to remove the office objections. 5.

Considering the period of delay, it appears that delay is not deliberately caused. Therefore, the application deserves to be allowed, in the interest of justice.

2 15-CAO-1266-24.odt 6.

Application is allowed. Delay of 678 days caused for filing application for restoration of appeal is condoned, in the interest of justice.

7.

The application is disposed of.

MCA ST. NO. 17392 OF 2024 8.

This is an application for restoration of appeal which was dismissed for non-removal of office objections. 9.

Perused the application.

10.

Heard learned Advocates for both sides.

11.

Learned advocate for the applicants submits that he will remove the office objections within two weeks. The application deserves to be allowed. 12.

The application is allowed on condition that the applicants shall remove the office objections on or before 25/10/2024.

13.

It is clarified that if the office objections are not removed on or before 25/10/2024, this application shall be deemed to be dismissed without further order. 14.

The application is disposed of.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 15/10/2024 17:47:39