Smt. Asema Sadiq Darbar v. State Of Maharashtra Through The District Collector, Nagpur And Others

2024:BHC-NAG:11953 1 20-CAO-1315-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NO.1315 OF 2024 IN MCA ST. NO. 20232 OF 2024 IN FIRST APPEAL ST. NO. 10387 OF 2022 SMT. ASEMA SADIQ DARBAR 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 Shashikant Bangade, Advocate for applicant/appellant. Shri M.A.Kadu, AGP for respondent-State.

CORAM: SANJAY A. DESHMUKH, J.

DATE : 22/10/2024.

1.

This is an application for condonation of delay of 641 days caused for filing application for restoration of appeal.

2.

Perused the application.

3.

Heard learned Advocates for both sides.

4.

Learned advocate for the applicant pointed out that due to some official miscommunication, he could not remove minor office objections. He submitted that he will remove the office objections on or before 14/11/2024. It appears from the record of the case that delay is not deliberately caused. Therefore, the application deserves to be allowed, in the interest of justice.

2 20-CAO-1315-24.odt 5.

The application is allowed. Delay of 641 days caused for filing the application for restoration of appeal is condoned, in the interest of justice.

6.

The application is allowed subject to condition that applicant shall remove the office objections on or before 14/11/2024.

MCA ST. NO. 20232 OF 2024 7.

This is an application for restoration of appeal.

8.

Perused the application.

9.

Heard learned Advocates for both sides.

10.

For the reasons stated in the application, application is allowed as prayed subject to condition that the office objections shall be removed on or before 14/11/2024.

11.

Application is allowed and disposed of.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 23/10/2024 14:44:22