-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. 1487/2008 IN M.C.A.ST.NO. 1307/2008 MSEB .vrs. Shatrughana Latari Yergude ----------------------------------------------------------------------------------------------------------------------------------- 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 : MARCH 21, 2009. Heard Shri G.E. Moharir, learned counsel for applicant, Ms. K. Satpute, learned Counsel for respondent no.1 and learned A.G.P. for respondent nos. 2 and 3. Prayer is to condone delay of 348 days in filing application for restoration in First Appeal No. 720/2004, which came to be dismissed on 08.01.2007. On affidavit it is mentioned that identical appeal filed vide First Appeal No. 158/2004 was dismissed on 24.11.2006 and its intimation was received by the Land Acquisition Officer and from Land Acquisition Officer by the applicants, who then contacted their Advocate and the Advocate then checked and found that the present First Appeal was also dismissed. It is mentioned that the paper book -2- was handed over to the clerk then in employment and the Advocate was under impression that paper book is filed and on 28.12.2007 and it was found that paper book was not filed at all. The learned A.G.P. for respondent nos. 2 and 3 as also the learned counsel for respondent no.1 are opposing prayer for condonation of delay. However, in the above circumstances, I do not find any malafides in the matter. Paper book is ready and appeal was admitted in 2004. In the circumstances, delay of 348 days is condoned. Office to register the M.C.A. and upon registration, prayer made therein shall stand granted and order dt. 8.1.2007 shall stand recalled. First Appeal No. 720/2004 is accordingly restored. Paper books be filed by 06.04.2009. Office to proceed further. C.A. and M.C.A. is accordingly allowed. JUDGE Rgd.