Parwatrao Sahebrao Ukarde v. The State Of Maharashtra, Thr. Honble Collector, Amravati And Others

2024:BHC-NAG:13474 1 11-CAO-1520-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NO. 1520 OF 2024 IN MCA ST. NO. 23174 OF 2024 IN FIRST APPEAL NO. 490 OF 2023 (D) PARWATRAO SAHEBRAO UKARDE 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 Paras Rathi, Advocate h/f Shri Abhijeet Deshmukh, Advocate for applicant/appellant.

Shri S. S. Hulke, AGP for respondent Nos.1 and 2. Shri M.A. Kadu, Advocate for respondent No.3. CORAM: SANJAY A. DESHMUKH, J.

DATE : 09/12/2024.

1.

This is an application for condonation of delay of 139 days caused for filing application for restoration of appeal, which was dismissed for non-filing of paper book.

2.

Learned advocate for the applicant submitted that paper book was not filed as per the directions of this Court within time. He further submitted that paper book is filed in another First Appeal No.570/2023 that can be useful for deciding this appeal and therefore, it is not necessary to file separate paper book. He, therefore, prayed to dispense with filing of paper book. He submitted that because of the assumption that the paper book will be

2 11-CAO-1520-24.odt useful in this appeal, the applicant could not file paper book within time.

3.

Learned AGP for respondent Nos.1 and 2 strongly objected the application and submitted that there is no sufficient reason to condone the delay. 4.

Considering the fact that the valuable rights of the applicant are decided on merit, the application deserves to be allowed, in the interest of justice. Delay is not deliberately caused. The application, therefore deserves to be allowed.

5.

Application is allowed. Delay of 139 days is condoned.

6.

Application is disposed of.

MCA ST. NO. 23174 OF 2024 7.

This is an application for restoration of appeal which was dismissed for non-filing of paper book within time.

8.

Learned advocate for the applicant pointed out that paper book in First Appeal No.570/2023 can be useful for deciding this appeal. He, therefore, seeks leave to dispense with the filing of paper book.

9.

Filing of paper book is dispensed with.

10.

Considering the reasons, it would be proper to allow the application as prayed, in the interest of justice.

11.

Application is allowed and disposed of.

FIRST APPEAL NO. 490 OF 2023 12.

Issue notice to the respondents.

3 11-CAO-1520-24.odt 13.

Shri S.S. Hulke, learned AGP waives service of notice for respondent Nos.1 and 2.

14.

Shri M.A.Kadu, learned advocate waives service of notice for respondent No.3.

15.

Learned advocate for the appellant is directed to provide the relevant documents and copy of memo of appeal to the learned advocates for the respondents. 16.

Stand over after six weeks.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 11/12/2024 15:03:46