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Bombay High CourtCA/9515/2022disposed off

Deepak Hukumchand Duggad And Another v. Shri Sthanakwasi Jain Sangh Through President Ramesh Indrabhan Lodha And Others

2022-12-12Hon'Ble Smt. Justice Vibha Kankanwadi,Hon'Ble Shri Justice Abhay S. Waghwase2 pages

{1} CA 9515 OF 2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 46 CIVIL APPLICATION NO.9515 OF 2022 IN CPST/3786/2022 DEEPAK HUKUMCHAND DUGGAD AND ANOTHER

VERSUS

SHRI STHANAKWASI JAIN SANGH, THROUGH PRESIDENT RAMESH INDRABHAN LODHA AND OTHERS ...

Advocate for Applicants : Mr.Maney V. M.

AGP for Respondents-State : Mr.A.M.Phule Advocate for Respondent Nos.1 to 4 : Mr. Munde Sanjay V. ...

CORAM : SMT. VIBHA KANKANWADI & ABHAY S. WAGHWASE, JJ.

DATE : 12th December, 2022 PER COURT :- .

Heard learned Advocate for the applicants, learned AGP for the respondents-State and learned Advocate for respondent Nos.1 to 4.

2.

Present application is for condoning the delay of 57 days in filing application for restoration. By order dated 04-04-2022 passed by the learned Registrar (Judicial), the original petition came to be dismissed for not removing the Ofce objections. 3.

Though, the learned AGP as well as the learned Advocate for respondent Nos.1 to 4 strongly opposed the application yet in

{2} CA 9515 OF 2022 view of the fact that the learned Advocate for the applicants has taken it upon himself that due to his inadvertence he could not remove Ofce objection as well as could not notice that a conditional order is passed, the delay has occurred. 4.

The applicants need not be blamed for the mistake committed by the Advocate and in view of the same, the delay stands condoned. Application stands allowed and disposed of. 5.

Applicants to remove Ofce objections before 23-12-2022 and in that event the petition be numbered.

( ABHAY S. WAGHWASE ) ( SMT. VIBHA KANKANWADI ) JUDGE JUDGE SPT