Manoj Shivlal Sonwane v. Sundarsingh Govindsingh Tehara Died Lrs. Smt. Malti Sundarsingh Tehra And ORS.

43ca7789.23

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 43 CIVIL APPLICATION NO.7789 OF 2023 IN SAST/21659/2022 MANOJ SHIVLAL SONWANE

VERSUS

SUNDARSINGH GOVINDSINGH TEHARA DIED LRS. SMT. MALTI SUNDARSINGH TEHRA AND ORS.

...

Advocate for Applicant : Mr.Nitin Keshavrao Chaudhari ...

CORAM : KISHORE C. SANT, J.

DATE : 28.08.2023.

PER COURT :

1.

The Registrar (Judicial) of this Court, by a common order dismissed Second Appeal by a conditional order, subject to removal of the objections, including Second Appeal (St.) 21659 of 2022. In view of the order passed by the learned Registrar (Judicial) in Second Appeal (St.) No. 21659 of 2022, the appeal came to be dismissed. The applicant is, therefore, filed this application for restoration of the Second Appeal (St.) No. 21659 of 2022 as there is delay of 168 days in filing the present application.

2.

It is stated in the application that inadvertently the

43ca7789.23 matter was not noticed by the Clerk of the Advocate. It is only in March, 2023 the learned Advocate came to know that a conditional order came to be passed and the matter is also dismissed.

3.

The learned Advocate, now undertakes to remove all office objections within four weeks from today and prays for restoration of the Second Appeal (St.) No. 21659 of 2022. 4.

In view of this, the order dated 28.09.2022 is recalled to the extent of present applicant. If the objections are not removed within four weeks, the matter shall stands dismissed without further reference to the Court.

( KISHORE C. SANT ) JUDGE mahajansb/