Allowed

Rushikesh Sudhakar Tarale v. the State of Maharashtra, through Honble Collector, Amravati and Others

Bombay HC18 Nov 2024CAO/931/2024

Case brief

AI extract

What is this about?

Single judge order allowing condonation of a 39-day delay in filing an application for restoration of a first appeal under Section 5 of the Limitation Act. Paper book filing dispensed with.

What did the court decide?

Application for condonation of delay and restoration of the first appeal allowed; paper book filing dispensed with.

Rushikesh Sudhakar Tarale Vs the State of… — Civil Procedure and Limitation | Bombay HC (2024)

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1 16cao931.24.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.931 OF 2024 IN

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MISC. CIVIL APPLICATION ST. NO.7535 OF 2024 IN

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FIRST APPEAL NO.671 OF 2023 [D]

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[Rushikesh Sudhakar Tarale .vs. 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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Mr. A.P. Deshmukh, Advocate for Appellant.

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Mr. M.A. Kadu, AGP for Respondent Nos.1 and 2.

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CORAM : SANJAY A. DESHMUKH, J. DATE : 18th NOVEMBER, 2024.

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This is an application under Section 5 of the Limitation Act for condonation of delay of 39 days in filing application for restoration of First Appeal No.671/2023. Perused the application.

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Heard the learned Advocates for both the sides.

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Considering the reasons mentioned in the application i.e. the period of delay of 39 days, it would be proper to condone it in the interest of justice as the delay is not deliberately caused. The application is therefore allowed, as prayed.

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Misc. Civil Application St. No.7535/2024

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This is an application for restoration of First Appeal No.671/2023. Perused the application.

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Heard the learned advocates for both the sides.

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Considering the reasons stated in the application, the application deserves to be allowed. It is clarified that paper

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2 16cao931.24.odt

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book is filed in other matter, therefore, filing of the paper book is dispensed with.

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The application is allowed and disposed of.

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First Appeal No.671/2023

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Heard.

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Issue notice to the respondents.

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Learned AGP waives service of notice on behalf of the respondent nos.1 and 2.

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By order dated 31^st August, 2023, issue notice to the respondent no.3, returnable after six weeks.

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(SANJAY A. DESHMUKH, J.)

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Gulande

Rushikesh Sudhakar Tarale v. the State of Maharashtra, through Honble Collector, Amravati and Others

Case brief

What is this about?

What did the court decide?

Rushikesh Sudhakar Tarale v. the State of Maharashtra, through Honble Collector, Amravati 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

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