Madhavappa Punjaappa Aurange v. Gangubai Pupnjaapa Aurange Dead Daduappa Lias Dadaapa Punjaappa Aurange

1 942-CA 9803-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9803 OF 2022 IN SAST/20952/2021 Madhavappa Punjaappa Aurange .. Applicant

Versus

Smt. Gangubai Punjaapa Aurange and another .. Respondents Mr. Syyed G. N., Advocate h/f Mr. A. D. Aghav, Advocate for the Applicant. CORAM : BHARAT P. DESHPANDE, J.

DATED : 05th AUGUST, 2022.

PER COURT:- 1.

Heard 2.

This is an application for restoration of Second Appeal (Stamp) No. 20952/2021 which was dismissed by the order dated 30.03.2022 passed by the learned Registrar (Judicial) for not removing office objections. 3.

Learned counsel for the applicant submits that due to inadvertence he could not remove the office objections. However, there is no deliberate attempt. Learned counsel for the applicant undertakes to remove office objections within a period of two (02) weeks if the Second Appeal (Stamp) No. 20952/2021 is restored.

4.

Considering the above request and in order to give opportunity to the

2 942-CA 9803-2022.odt applicant to argue the matter on merits, application needs to be allowed. Hence, the following order.

ORDER

(I) The application stands allowed.

(II) The impugned order dated 30.03.2022 passed by the learned Registrar (Judicial) in Second Appeal (Stamp) No. 20952 of 2021 is hereby quashed and set aside. The Second Appeal (Stamp) No. 20952 of 2021 is restored to the file.

(III) The applicant shall remove office objections within a period of two (02) weeks from today.

(IV) The application stands disposed of accordingly. ( BHARAT P. DESHPANDE, J.) P.S.B.