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Bombay High CourtCA/4382/2024admittedallowedgrantedrule absolute

Vilas Sukhdeo Patil v. Sunita W/O Kailas Patil

2024-05-07Hon'Ble Shri Justice Y. G. Khobragade2 pages

2024:BHC-AUG:10004 922ca4382-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 922 CIVIL APPLICATION NO. 4382 OF 2024 IN SAST/16671/2023 VILAS SUKHDEO PATIL

VERSUS

SUNITA W/O KAILAS PATIL ...

Mr. Amol Ram Joshi, Advocate for Applicant Mr. Akhilesh Tripathi, Advocate for the Respondents.

CORAM

: Y. G. KHOBRAGADE, J.

DATE : 7th May, 2024 ORDER:

1.

Heard the learned counsel for both sides at length. 2.

By the present application, the applicant prays for condonation of delay of 226 days caused in lodging application for restoration of Second Appeal St. No. 16671 of 2023 as well as for registration of the second appeal.

3.

The learned counsel for the non-applicant has not resisted the application and submitted the Court for passing an appropriate order. 4.

Since the appeal of the present appellant came to be dismissed for want of removal of office objections and as such the respondent fairly conceded for setting aside the order dated 19.07.2023 passed by the learned Registrar (Judicial), therefore, it is hereby quashed and set aside on the grounds set out in the application.

922ca4382-24 5.

The delay of 226 days is hereby condoned.

6.

Second appeal is restored to its original stage at which it was dismissed.

7.

Civil application is disposed off.

( Y. G. KHOBRAGADE, J. ) JPChavan