953 FA NO. 2449 OF 2010.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 953 FIRST APPEAL NO. 2449 OF 2010 Gunderao Narsu Kokare Died Thr. Lrs Chandrabhaga And Anr. VERSUS The State Of Mahrashtra And Ors ... Mr. Gore Ravindra Vitthal, Advocate for Appellant Mr. S. G. Sangle, AGP for Respondents/State Mr. Krishna G. Narwade h/for Mr. R. C. Patil, Advocate for Respondent No.2 WITH FIRST APPEAL NO. 1143 OF 2014WITH FIRST APPEAL NO. 2145 OF 2013WITH FIRST APPEAL NO. 2446 OF 2010WITH FIRST APPEAL NO. 2478 OF 2010WITH FIRST APPEAL NO. 2554 OF 2011WITH FIRST APPEAL NO. 510 OF 2010WITH FIRST APPEAL NO. 2144 OF 2013WITH FIRST APPEAL NO. 513 OF 2010WITH FIRST APPEAL NO. 2555 OF 2011WITH CIVIL APPLICATION NO. 11615 OF 2023 IN FA/1145/2014WITH FIRST APPEAL NO. 511 OF 2010WITH CIVIL APPLICATION NO. 11612 OF 2023 IN FA/1143/2014WITH FIRST APPEAL NO. 2556 OF 2011WITH FIRST APPEAL NO. 722 OF 2013WITH FIRST APPEAL NO. 2447 OF 2010WITH FIRST APPEAL NO. 2448 OF 2010WITH CIVIL APPLICATION NO. 11613 OF 2023 IN FA/1144/2014WITH FIRST APPEAL NO. 1142 OF 2014WITH FIRST APPEAL NO. 2110 OF 2010WITH FIRST APPEAL NO. 540 OF 2010WITH FIRST APPEAL NO. 541 OF 2010WITH FIRST APPEAL NO. 2109 OF 2010WITH FIRST APPEAL NO. 512 OF 2010WITH CIVIL APPLICATION NO. 11614 OF 2023 IN FA/1146/2014WITH FIRST APPEAL NO. 538 OF 2010WITH FIRST APPEAL NO. 723 OF 2013WITH FIRST APPEAL NO. 1145 OF 2014WITH CIVIL APPLICATION NO. 9621 OF 2008 IN FA/2386/2010WITH 1 of 4 (( 2 )) 953 FA NO. 2449 OF 2010 FIRST APPEAL NO. 539 OF 2010WITH FIRST APPEAL NO. 2112 OF 2010WITH FIRST APPEAL NO. 1146 OF 2014WITH FIRST APPEAL NO. 2111 OF 2010WITH FIRST APPEAL NO. 2450 OF 2010WITH FIRST APPEAL NO. 1144 OF 2014WITH FIRST APPEAL NO. 2386 OF 2010WITH FIRST APPEAL NO. 2445 OF 2010 …. CORAM : SANJAY A. DESHMUKH, J. DATE : 08.04.2026 PER COURT :- CIVIL APPLICATION NO. 11615 OF 2023 CIVIL APPLICATION NO. 11613 OF 2023 CIVIL APPLICATION NO. 11612 OF 2023 CIVIL APPLICATION NO. 11614 OF 2023 1. These are the applications for restoration of First Appeal Nos.1145 of 2014, 1144 of 2014, 1143 of 2014 and 1146 of 2014 to their original position as well as for condonation of delay of 3034 days caused in filing the present applications. 2. Heard learned advocate for the applicants and the learned AGP for the Respondents/State. 3. Learned advocate for the applicants submitted that, by an order dated 10.10.2014, this Court directed the appellants to pay Bhatta charges on or before 31st October, 2014, failing which matters shall stand dismissed against unserved respondents, without referring 2 of 4 (( 3 )) 953 FA NO. 2449 OF 2010 back to the Court. However, the appellants failed to comply with the said directions, and the appeals came to be dismissed in default. He submitted that due to oversight, the advocate for the applicants could not note the said office objection and failed to pay the Bhatta charges within time. He further submitted that the applicants were not responsible for removal of the office objections, and due to the mistake of the advocate, the clients should not suffer. He prayed to allow the applications. 4. Learned AGP for the respondent/State strongly opposed the applications and submitted that there is no sufficient reason to condone the delay. He prayed to reject the applications. 5. Perused the applications. This Court, by order dated 10.10.2014, passed a conditional order directing the appellants to pay Bhatta charges on or before 31st October, 2014, failing which the matters would stand dismissed against the unserved respondents without further reference to the Court. However, the appellants failed to pay the Bhatta charges within the stipulated time, and therefore, the first appeals came to be dismissed in default. Considering that the delay in filing the present applications is not deliberate and that the lis of the claimants has to be decided on merits, the present 3 of 4 (( 4 )) 953 FA NO. 2449 OF 2010 applications deserve to be allowed in the interest of justice. Hence, the following order: ::ORDER:: a. The applications are allowed. b. The delay of 3034 days caused in filing the applications for restoration of the first appeals is condoned. c. First Appeal Nos.1145 of 2014, 1144 of 2014, 1143 of 2014 and 1146 of 2014 are restored to their original stages. First Appeal No.1145 of 2014, First Appeal No.1144 of 2014, First Appeal No.1143 of 2014, First Appeal No.1146 of 2014 1. Issue notice to the respondents. 2. Learned AGP waives notice for respondent No.1/State. Learned Advocate Mr. Krishna G. Narwade h/for learned Advocate Mr. R. C. Patil, waives notice for Respondent No.2. 3. The arguments of the learned advocate for the appellants and the learned AGP for respondent No.1/State are over. For the reply to the arguments of the learned Advocate for respondent No.2, stand over to 18.04.2026 at 02:30. [ SANJAY A. DESHMUKH, J. ] HRJadhav 4 of 4