Allowed

Jijabai Sambha Sawale v. the State of Maha., through Its Collector, Yavatmal and Others

Bombay HC19 Aug 2024CAO/389/2024

Case brief

AI extract

What is this about?

This judgment condones a delay of 269 days in filing an application for restoration of an appeal under Section 5 of the Limitation Act. It also allows the restoration of the first appeal considering parity and dispenses with the filing of a paper book.

What did the court decide?

Condonation of delay of 269 days; restoration of the appeal with dispensation of paper book filing.

Jijabai Sambha Sawale Vs the State of Maha… — Civil Procedure and Limitation | Bombay HC (2024)

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1 20cao389.24.odt

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

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CIVIL APPLICATION [CAO] NO.389 OF 2024

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MISC. CIVIL APPLICATION ST. NO.22783 OF 2023 IN

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FIRST APPEAL NO.968 OF 2016 [D]

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[Jijabai Sambha Sawale .vs. The State of Maharashtra and others]

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- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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Shri Pavan Sarise, Advocate h/f Shri R.J. Shinde, Advocate for Appellant. Shri P.P. Pendke, AGP for Respondent Nos.1 and 2.

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C ORAM : SANJAY A. DESHMUKH, J. D ATE : 19th AUGUST, 2024.

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This is an application filed under Section 5 of the Limitation Act for condonation of delay of 269 days in filing the application for restoration of the appeal. Perused the application.

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Heard the learned counsel for the appellant and the learned AGP for respondent nos.1 and 2.

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Considering the reasons stated in the application, the delay of 269 days deserves to be condoned in the interest of justice. Hence, the delay is condoned. The application is allowed and disposed of.

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MISC. CIVIL APPLICATION ST. NO.22783/2023

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This is an application for restoration of the first appeal which was dismissed for non removal of the office objection i.e. filing of the paper book.

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2 20cao389.24.odt

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Learned Advocate for the applicant submits that the matter has been covered and can be allowed on the basis of parity. He, therefore, submits that filing of the paper book is dispensed with.

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In view of above, the application is allowed and disposed of.

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FIRST APPEAL NO.968 OF 2016

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Heard.

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Issue notice to the respondents, returnable after four weeks.

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Learned Assistant Government Pleader waives notice for respondent nos.1 and 2.

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Hamdast is allowed.

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The learned Advocate for the appellant is directed to correct the name of respondent no.3.

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(SANJAY A. DESHMUKH, J.)

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Gulande

Jijabai Sambha Sawale v. the State of Maha., through Its Collector, Yavatmal and Others

Case brief

What is this about?

What did the court decide?

Jijabai Sambha Sawale v. the State of Maha., through Its Collector, Yavatmal and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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