Limbraj Vyankatrao Thete And Others v. Bhagwat Fulchand Bondage And Others

2025:BHC-AUG:149 904 CA- 1238 OF 2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 904 CIVIL APPLICATION NO. 1238 OF 2023 IN RAST/9886/2021 LIMBRAJ VYANKATRAO THETE AND OTHERS ....Applicant

VERSUS

BHAGWAT FULCHAND BONDAGE AND OTHERS .....Respondent .....

Advocate for Applicant : Mr. Shinde Shrikishan S. AGP for Respondent No. 2 : Ms. S. S. Joshi .....

CORAM

: MANGESH S. PATIL & PRAFULLA S. KHUBALKAR , JJ.

DATE : 03.01.2025 PER COURT :

Heard.

2.

This is a Civil Application seeking restoration of the Review Application filed in Writ Petition No. 3625 of 2017, which has been dismissed for non-removal of the office objections by order of the Registrar (Judicial).

3.

We have heard learned advocate for the applicantspetitioners and the learned AGP. 4.

Some of the respondents have been served with a notice, two respondents are dead and some of the respondents have been 1/2

904 CA- 1238 OF 2023.odt allowed to be deleted from the array of the respondents. Mr. Pathan, who appears for respondent No. 1 and Mr. More, who appears for respondent Nos. 14 and 20 are not present.

5.

Considering that it is merely a matter of 9 day's delay for the reasons mentioned in the application, coupled with the fact that there is no factual dispute raised by the respondents in respect of the reasons mentioned in the application, the application is allowed. The delay is condoned and the Review Application is restored, subject to condition that the office objections shall now be removed within 3 weeks and the petitioners deposit costs of Rs. 2,000/- (Rupees two thousand only) in this Court within that period. ( PRAFULLA S. KHUBALKAR, J.) (MANGESH S. PATIL, J.) jhs/ 2/2