-1- GPN-J-2459-ARHCBN-3-04-1,00,000-ALA4* [Spl.-H.C.,A.S.,C.D.79e. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. C.A.No.23/2009 IN M.C.A.St.No. 7361/2008 IN S.A.No.40/1993 Jankiram Pandharinath Thorat -versus- President, Akot Municipal Council ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or Directions Court's or Judge's Orders. And Registrar's Orders. ----------------------------------------------------------------------------------------------------------------------------------- CORAM : B.P.DHARMADHIKARI, J. DATED : JANUARY 15, 2009. Heard. Second Appeal has been dismissed for non filing of paper book. Advocate Shri Johrapurkar, informs that the appellant is physically handicapped and unable to come to Nagpur and because of his physical condition, appropriate steps could not be taken immediately in the matter and appeal came to be dismissed for non filing of paper book. Advocate Shri Thakkar, is strongly opposing the prayer for condonation of delay. However, considering the facts disclosed on affidavit as also the certificate of Civil Surgeon showing that the applicant is suffering from 100% disability and the fact that the Second Appeal is admitted way back in the year 1993. Delay is condoned. Similarly, the order dismissing the -2- Second Appeal for want of paper book is hereby recalled and Second Appeal is restored back to file. The appellant to file paper book with the Registry by 21.01.2009. Office to list the Second Appeal for final hearing immediately thereafter. Advocate Shri Thakkar waives notice. Both the Applications are thus disposed of. JUDGE Rgd.