Mohammad Hasan Mohammad Yakub v. 1 Mohammad Galib Mohammad Yakub Died Through Lrs

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 970 CIVIL APPLICATION NO. 203 OF 2025 IN SAST/25265/2024 Mohammad Hasan Mohammad Yakub ....Applicant

VERSUS

Mohammad Galib Mohammad (Deceased through LRs) .....Respondent .....

Mr. V. B. Kulkarni, Advocate for Applicant.

CORAM : R. M. JOSHI, J.

DATE : 20th FEBRUARY, 2025.

PER COURT :

1.

This is an application for restoration of second appeal along with civil application for non removal of office objections. Since appeal came to be dismissed before issuance of notice to respondent, there is no impediment in entertaining the application without issuing notice to the respondent.

2.

From perusal of the application it does not appear that delay caused is inordinate or deliberate. Delay of 180 days caused in filing the application is satisfactorily explained. Hence, application stands allowed. Second Appeal St. No. 25265/2024 and Civil Application St. No. 25275/2024 stands restored.

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Learned counsel for applicant undertakes to remove office objections within four weeks from today. If objections are not removed within a period of four weeks, appeal shall stand dismissed without reference to the Court.

( R. M. JOSHI) Judge dyb