Janardhan Ambadas Nagare And Others v. Uttam Kondiram Sonawane

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 920 CIVIL APPLICATION NO.3797 OF 2023 IN SAST/31852/2021 JANARDHAN AMBADAS NAGARE AND OTHERS

VERSUS

UTTAM KONDIRAM SONAWANE ...

Advocate for Applicants : Mr. Ambad Shrinivas Abhimanyu Advocate for Respondent : Mr.P. P. Patni h/f. Mr. P. F. Patni and Mr. Sunil G. Magare ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 26.06.2023 PER COURT :

1.

The present Civil application is filed to set aside the order dated 20.04.2022 passed by the learned Registrar [Judicial], by condoning the delay of 293 days in filing the present Civil Application. 2.

The learned counsel for the applicants submits that by order dated 20.04.2022, the learned Registrar [Judicial] has refused to register the Second Appeal as the applicants failed to remove the office objections within stipulated period. The learned counsel for the applicants submits that due to oversight, the applicants could not remove office objections within time. The learned counsel for the applicants further submits that the applicants have no knowledge about dismissal of the Second Appeal and after getting knowledge,

the present applicants immediately filed the present Civil Application. There is delay in filing the present Civil Application and the same is not intentional and deliberate. The learned counsel for the applicants, therefore, submits that the present application may be allowed by condoning the delay of 293 days.

3.

For the reasons stated in the Civil Application, the same is allowed. Delay is condoned. The order dated 20.04.2022 is set aside. Second Appeal is restored to its original position. Accordingly, Civil application is disposed of.

4.

The applicants to remove office objections within a period of three weeks.

( ARUN R. PEDNEKER ) JUDGE .....

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