Bandu Tatyaba Kute And Others v. Baburao Bhujanga Sanap

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 831 OF 2024 BANDU TATYABA KUTE AND OTHERS

VERSUS

BABURAO BHUJANGA SANAP Ms. V. K. Kalyankar, Advocate h/f Mr. G. J. Kore, Advocate for the applicant

CORAM

: R. M. JOSHI, J.

DATE : 22nd JANUARY, 2024 P.C. :- 1.

This application is for condonation of delay of 141 days in seeking restoration of Second Appeal (ST) No. 14139 of 2023 which came to be dismissed by order of the Registrar (Judicial) dated 28/06/2023 for non removal of office objections.

2.

Applicants have given for want of knowledge of the said order as reason for not filing application for restoration in time and condonation of delay in preferring the application is sought on this ground. In the facts and circumstances of the case the delay deserves to be condoned, as no malafides can be attributed to the applicants. 3.

Learned counsel for the applicants/appellants make statement that the office objections shall be removed within a period of two weeks from 11.ca831.24.odt

today. Said statement is accepted as undertaking. In view of this, application is allowed. Second Appeal (ST) No. 14139 of 2023 is restored with original file.

4.

If office objections are not removed within a period of two weeks from today, the second appeal shall stand dismissed without reference to this Court.

(R. M. JOSHI, J.) ssp 11.ca831.24.odt