BABU ZAMU RATHOD (DIED) THR LRS NAVSABAI AND ORS v. THE STATE OF MAHARASHTRA THR. SPCIAL LANAD ACQUISITION OFFICER K.K.V.M. AURANGABAD, AND ANR
CA/4365/2025 · 2025-04-17
Shri Neeraj P Dhote
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25116 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25116 (BOM) · dailylaw.ai ]
Judgment text
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927-CA-4365-2025.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 927 CIVIL APPLICATION NO. 4365 OF 2025 IN RC/1268/2019 Babu Zamu Rathod (died) Thr Lrs Navsabai And Ors. ….Applicants VERSUS The State Of Maharashtra Thr. Spcial Lanad Acquisition Offcer K.k.v.m. Aurangabad, And Anr. …..Respondents ….. Mr. B. T. Bodakhe h/f Mr. Solanke Shrikrashna B., Advocate for Applicants Mr. Rajdeep D. Raut, AGP for the Respondents - State ….. CORAM :
NEERAJ P. DHOTE, J. DATE : 17.04.2025 PER COURT :
1. This is an Application for condonation of 1772 days delay in fling the Application for restoration of the Appeal, whhich whas dismissed in default for not removing the Offce Objection. Since offce objection whas not removed, the Registrar [Judicial] of this Court had passed a conditional order dated 24/09/2019.
2. The learned Advocate for the Applicants submits that, the Appeal whas preferred by the Original Claimants and since offce objection could not be removed, the registration of the Appeal came to be refused. From the Application, it appears that, it whas the fault of Advocate, as he could not notice the objection pointed by the Offce. It is submitted by the learned Advocate for the Applicants that, the Claimants shall not be suffered due to his fault. 1
927-CA-4365-2025.odt
3. In viewh of the above, the Application is allowhed in terms of Prayer Clauses – ‘B’ and ‘C’ subject to the costs of Rs.1000/- to be paid to the Advocates’ Association Bar Library, High Court of Bombay Bench at Aurangabad,
4. The learned Advocate for the Appellants undertakes to reconstruct the record of the Appeal Memo and furnish the same in the Offce, as offce note showhs that, the record has been destroyed.
[NEERAJ P. DHOTE, J.] Sameer/April-2025 2 Signed by: Md. Sameer Q. Designation: PA To Honourable Judge Date: 19/04/2025 17:34:30