1 29. CAO 715 of 2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAO) NO.715 OF 2026 IN MISC. CIVIL APPLICATION (STAMP) NO.1145 OF 2026 IN FIRST APPEAL (STAMP) NO.1634 OF 2019 (D) BADU KALU CHAUHAN VERSUS THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, YAVATMAL AND OTHERS Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Nikam h/f Mr. N.B. Bargat, Advocate for Applicants/L.Rs. of Appellant. Mr. H.D. Dubey, AGP for Respondents-State. CORAM : SUSHIL M. GHODESWAR, J. DATED : 06th AUGUST 2026 1. Heard learned Advocate for the applicants. 2. This is an application for condonation of delay of 1070 days in filing the application for restoration of first appeal, of which registration was refused for non filing of private paper book within stipulated period. 3. Learned Advocate for the applicants submits that the applicants are legal heirs of original appellant, who has expired on 27.02.2025. The applicants recently learned that their predecessor had filed the present appeal. He submits that the appellants were not aware about the conditional order passed by this Court. 4. For the reasons stated in the application and submissions advanced, the application is allowed. The 2026:BHC-NAG:10165 2 29. CAO 715 of 2026.odt delay of 1070 days in filing the application for restoration of first appeal is hereby condoned. 5. The civil application is accordingly disposed of. MISC. CIVIL APPL. (STAMP) NO.1145 OF 2026 6. This is an application for restoration of first appeal, which is dismissed in default by order dated 01.12.2022, for non filing of private paper book within stipulated period. 7. Learned Advocate for the applicants submits that the applicants want to contest the appeal on merits and therefore, prays for restoration of appeal. 8. For the reasons stated in the application and submissions advanced, the application for restoration of first appeal is allowed. The order dated 01.12.2022 is quashed and set-aside. The applicants are directed to file private paper book within a period of two weeks from today. On filing of private paper book, the first appeal be restored. 9. In view of the above, the miscellaneous civil application is disposed of. (SUSHIL M. GHODESWAR, J.) asd