Dattahari S/O Kerba Jadhav v. Narayan S/O Kerba Jadhav Through His Lr S

2025:BHC-AUG:18066 6907.25ca (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 941 CIVIL APPLICATION NO. 6907 OF 2025 IN SAST/25873/2024 DATTAHARI S/O KERBA JADHAV

VERSUS

NARAYAN S/O KERBA JADHAV, DIED THROUGH HIS LRS DIGAMBAR NARAYAN JADHAV AND ANR.

....

Mr G. R. Ingole, Advocate for applicant CORAM : PRAFULLA S. KHUBALKAR, J.

DATE : 10th July, 2025 PER COURT:

1.

This is an application for restoration of the second appeal which is dismissed on account of failure to remove office objections, by order dated 23/10/2024, passed by the Registrar (Judicial) of this Court. The applicant has also prayed for condonation of delay of 25 days in filing the instant application.

2.

Learned counsel for the applicant submits that, after the second appeal was filed, inadvertently office objections remained to be removed. Although time was granted for removal of office objections, even by Registrar (Judicial) on three occasions, the objections could not be removed, since the matter was not noticed either by the

6907.25ca (2) Advocate or his clerk. He further submits that, now he is ready to remove office objections within a period of two weeks from today and requests for restoration of the second appeal, so that the matter is heard and decided on merits.

3.

Considering the reasons mentioned in the civil application, the order dated 23/10/2024 passed by the Registrar (Judicial) to the extent of this appeal is set aside. The delay of 25 days in filing this application for restoration is condoned, subject to costs of Rs.2,000/- to be deposited by the applicant with the Advocate Association's Bar Library, High Court, Aurangabad, within a period of two weeks from today.

4.

The applicant is directed to remove all office objections in the appeal within two weeks from today. On removal of all office objections, the second appeal be restored.

(PRAFULLA S. KHUBALKAR, J.) sjk