Smt. Sakhubai Vitthal Waghmode v. Santosh Shivram Jethar And Others

2025:BHC-AUG:29862 ( 1 ) 932 CA 7319 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 932 CIVIL APPLICATION NO. 7319 OF 2025 IN CRA/219/2016 SMT. SAKHUBAI VITTHAL WAGHMODE

VERSUS

SANTOSH SHIVRAM JETHAR AND OTHERS ...

Mr. Sanjay S. Dudhane h/f. Mr. V. R. Dhorde, Advocate for Applicant Mr. J. V. Deshpande, Advocate for Respondents ...

CORAM

: AJIT B. KADETHANKAR, J.

DATE : 17.10.2025 PER COURT :- 1.

Mr. S. S. Dudhane h/f. Mr. V. R. Dhorde, learned counsel for the applicant would submit that the Civil Revision Application is filed by the applicant was dismissed in default. He would further submit that inadvertently the delay of 393 days has been caused in filing the present civil application as the matter was missing from the record of the learned counsel. He would submit that he has served copy of this application and intimated to the other side accordingly. He would submit that if the civil application is allowed and the matter is restored to its original position, the parties would get adequate opportunity to represent their respective cases on merit. He voluntarily made a suo moto statement to deposit cost of Rs.2,000/-, to be paid to the Advocate

( 2 ) 932 CA 7319 OF 2025 Association's Bar Library, High Court, Aurangabad, for the purpose of rehabilitation of flood-affected areas.

2.

For the reasons stated in the application, Civil Application is allowed.

3.

The delay of 393 days caused in filing the application is hereby condoned.

4.

Civil Revision Application No.219 of 2016 is restored to its original position subject to removal of office objections within four weeks from today failing to which the effect of this order shall automatically stand vacated.

5.

The learned counsel for the applicant to deposit cost of Rs.2,000/-, to be paid to the Advocate Association's Bar Library, High Court, Aurangabad, for the purpose of rehabilitation of flood-affected areas. [AJIT B. KADETHANKAR, J.] PRW