Allowed

Shri Pandurang Kashinath Ingle (Died) Thr. Lrs Shri Santosh S/O Pandurangji Ingle and 4 Others v. the State of Maharashtra Represented by Collector, Yavatmal and 2 Others

Bombay HC28 Feb 2024CAO/319/2024

Case brief

AI extract

What is this about?

The High Court allowed an application for condonation of delay filed by the appellants to restore a first appeal dismissed for non-filing of the paper book. The court directed payment of costs.

What did the court decide?

Condonation of delay of 59 days and restoration of the first appeal to its original number, subject to payment of costs of Rs. 2,000.

Shri Pandurang Kashinath Ingle (Died) Thr. Lrs… — Civil Procedure and Limitation | Bombay HC (2024)

¶1

2024:BHC-NAG:2505

¶2

1 1 cao319.24.odt

¶3

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

¶4

CIVIL APPLICATION (CAO) NO. 319 OF 2024 I N

¶5

MISC. CIVIL APPLICATION ST. NO. 24 OF 2024 IN

¶6

FIRST APPEAL NO. 942 OF 2014

¶7

PANDURANG KASHINATH INGLE (Dead) THRU LRs SANTOSH INGLE AND OTHERS VERSUS

¶8

STATE OF MAH., THRU. COLLECTOR, YAVATMAL AND OTHERS.

¶9

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

¶10

Mrs. Swati K. Paunikar, Advocate for the applicants/appellants Mr. M. A. Kadu, A.G.P. for respondent nos.1 and 2.

¶11

CORAM : G. A. SANAP, J. DATE : FEBRUARY 28, 2024.

¶12

This is an application for condonation of delay of 59 days caused in filing application for restoration of the appeal for not filing the paper book.

¶13

Heard learned advocates for the parties.

¶14

In view of the reasons stated in the application, the application is allowed. Delay is condoned, subject to payment of costs of Rs.2,000/- (Rupees Two thousand only). The costs be deposited with M/s The High Court Gazetted Officers Association, Nagpur within one week from today.

¶15

On payment of the costs, the application for restoration of the appeal be registered.

¶16

CAO. No. 319/24 stands disposed of in the aforesaid terms.

¶17

2 1 cao319.24.odt

¶18

Misc. Civil Application (St.) No. 24 of 2024

¶19

Heard.

¶20

This is an application for restoration of the appeal, dismissed for not filing the paper book.

¶21

In view of the reasons stated in the application, the order of dismissal of the appeal for not filing the paper book is set aside. The appeal is restored to file to its original number, subject to payment of the costs as above.

¶22

If the costs are not paid, the order of dismissal of the appeal shall stand.

¶23

The MCA Stamp stands disposed of accordingly.

¶24

First Appeal No. 942 of 2014

¶25

The paper book be filed within One week from today.

¶26

( G. A. SANAP, J.)

¶27

Diwale

¶28

Signed by: DIWALE Designation: PS To Honourable Judge Date: 01/03/2024 17:34:10

Shri Pandurang Kashinath Ingle (Died) Thr. Lrs Shri Santosh S/O Pandurangji Ingle and 4 Others v. the State of Maharashtra Represented by Collector, Yavatmal and 2 Others

Case brief

What is this about?

What did the court decide?

Shri Pandurang Kashinath Ingle (Died) Thr. Lrs Shri Santosh S/O Pandurangji Ingle and 4 Others v. the State of Maharashtra Represented by Collector, Yavatmal and 2 Others

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

V.I.D.C. Thr. Exe. Engineer, Medium and Minor Irrigation Division, Achalpur, Amravati Vs Prabhakar S/O Bajiraoji Dhuldhar and Others

M. I. D. C. through Its Chief Executive Officer, Amravati Vs Vitthal S/O Dajiba Itkare (Dead) Thr. Lrs. Pundlik Vitthal Itkare and Others

Dinesh S/O Suryabhan Talware Vs State of Maharashtra through Collector, Yavatmal and 2 Others

Nitin S/O Dattatraya Kolhatkar and Other vs the State of Maharashtra, through Collector, Amravati and Others

Kamal Wd/O Tulshidas Wani vs Union of India through Its General Manager, South Eastern Central Railway Bilaspur (Chattigarh)

V.I.D.C. Thr. Executive Engineer, Yavatmal Irrigation Project Division, Yavatmal vs Abhijeet Chandrakant Bhumare and Others