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Bombay High CourtIA/13504/2024disposed off

Shashikantmaruti Sawant v. The Collector, Kolhapur

2025-06-27Hon'Ble Shri Justice Sarang Vijaykumar Kotwal , Hon'Ble Justice Smt Manjusha Ajay Deshpande2 pages

16-ia-13504-24 Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 13504 OF 2024 IN LETTER PATENT APPEAL NO. 233 OF 2012 IN WRIT PETITION NO. 3467 OF 2012 Shashikant Maruti Sawant ..Applicant

Versus

The Collector, Kolhapur & Ors.

..Respondents __________ Mr. Lengare Y. B. a/w. Aditya K. Gaikwad for Applicant. Ms. Neha Bhide, Addl. G. P. a/w. O. S. Chandurkar, AGP a/w. Ashwini A. Purav for State/Respondent Nos.1 to 5. __________ CORAM : SARANG V. KOTWAL & MANJUSHA DESHPANDE, JJ.

DATE : 27 JUNE 2025 PC :

1.

This application is filed for restoration of LPA No.233 of 2012 which was dismissed for non prosecution, vide the order dated 16.02.2024.

2.

Learned counsel for the Applicant submitted that, on that day he was in a personal difficulty and he could not make any alternate arrangement. He had no intention to not to attend the Digitally signed by VINOD BHASKAR GOKHALE Date:

2025.06.30 11:54:53 +0530 VINOD BHASKAR GOKHALE

16-ia-13504-24 matter.

3.

Learned AGP does not have any objection for restoration of this LPA.

4.

The LPA was admitted on 18.10.2012. It was pending for about 12 years. When it was admitted, even interim stay was granted. Therefore, in this background and considering that it was pending for about 12 years, the LPA No.233 of 2012 is restored to its original file. The interim stay granted in terms of prayer clause (a) of Civil Application No.399 of 2012 in LPA No.233 of 2012, vide the order dated 18.10.2012 is also restored. The matter to proceed in due course. Liberty to both the parties to mention the matter for hearing.

5.

The Application is disposed of.

(MANJUSHA DESHPANDE, J.) (SARANG V. KOTWAL, J.)