Allowed

Pralhad S/O Yadav Tumwar v. the State of Maharashtra Thr. Collector, Yavatmal, and Ors.

Bombay HC30 Nov 2018FA/309/2014

Case brief

AI extract

What is this about?

The High Court allowed the appellant to condone delay for filing a restoration application, accepting inadvertence regarding a conditional order issued by the Court as the valid reason for the lapse. An order was passed for the paper book filing.

What did the court decide?

Delay in filing the restoration application is condoned; appeal to be restored upon filing of the paper book within two weeks.

Pralhad S/O Yadav Tumwar Vs the State of… — Civil Procedure and Limitation | Bombay HC (2018)

¶1

¶2

25.caf.671.21.odt

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR.

¶4

CIVIL APPLICATION NO.671 OF 202 1 IN

¶5

MISC. CIVIL APPLICATION (ST.) NO.13173 OF 2020 IN FIRST APPEAL NO.309 OF 2014

¶6

(Pralhad s/o Yadav Tumwar Vs. The State of Maharashtra and ors.)

¶7

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order

¶8

Shri A.R. Chavhan, Advocate for the appellant. Shri D.A. Sonawane, Advocate for respondent No.2. Ms. Udeshi, A.G.P. for the State.

¶9

CORAM:- URMILA JOSHI-PHALKE, J. DATED :- APRIL 20, 2023.

¶10

Heard.

¶11

The application is for condonation of delay which is caused in filing the restoration application.

¶12

Shri Sonawane, learned Counsel for respondent No.2 and Ms Udeshi, learned Assistant Government Pleader for respondent Nos.1 and 3, waive notice.

¶13

As per the contention of the appellant this appeal is preferred by the appellant for enhancement of compensation.

¶14

This Court has passed the order for filing of the paper book which was inadvertently not noted by the learned Counsel, and therefore, the paper book was not filed. The conditional order was not within the knowledge of the learned Counsel and i.e. the reason for the delay.

¶15

¶16

25.caf.671.21.odt

¶17

Shri Chavhan, learned Counsel submitted that the delay is not intentional one. Now he will file the paper book within one week.

¶18

Learned Counsel for respondent No.2 strongly opposed the application on the ground that the delay is not properly explained.

¶19

In view of the reasons mentioned in the application the delay is condoned.

¶20

Civil application is disposed of.

¶21

MISC. CIVIL APPLICATION (ST.) NO.13173 OF 2020

¶22

Heard.

¶23

On filing of the paper book within two weeks, the appeal be restored at its original stage. On failure to file the paper book within two weeks, the earlier order passed by this Court will survive.

¶24

FIRST APPEAL NO.309 OF 2014

¶25

Heard.

¶26

Place the matter after filing of the paper book and its verification.

¶27

(URMILA JOSHI-PHALKE, J.)

¶28

*Divya

¶29

Signed By:DIVYA SONU BALDWA Personal Assistant Signing Date:26.04.2023 12:21

Pralhad S/O Yadav Tumwar v. the State of Maharashtra Thr. Collector, Yavatmal, and Ors.

Case brief

What is this about?

What did the court decide?

Pralhad S/O Yadav Tumwar v. the State of Maharashtra Thr. Collector, Yavatmal, and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Divn. Controller, M.S.R.T.C. Vs Gangadhar Jogeshwar Ganyarpawar and Anor.

Varsha W/O Devendra Tathod Vs the Executive Engineer, Minor Irrigation Division, Washim and Another

Devendra S/O Rambhau Tathod Vs the Executive Engineer, Minor Irrigation Division, Washim and Another

The Chief Executive Officer, Zilla Parishad, Yavatmal and Another Vs Smt. Madhuri Wd/O Kishor Deshpande and 2 Others

Maharashtra Industrial Development Corporation, through Chief Executive Officer Amravati Vs Rameshkumar Hariram Gupta Since Dead through His Lrs. Rukhminidevi Wd/O Rameshkumar Gupta and Other

Kedrick Bartho Odo Vs the State of Maharashtra