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Bombay High CourtCA/7375/2023admittedallowedgrantedrule absolute

Ram Dattatray Nikumb v. Atmaram Sheshrao Ingale

2025-08-01Hon'Ble Shri Justice Shailesh P. Brahme2 pages

962-CA.7375-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 962 CIVIL APPLICATION NO. 7375 OF 2023 IN SAST/13070/2021 RAM DATTATRAY NIKUMB

VERSUS

ATMARAM SHESHRAO INGALE ...

Advocate for Applicant : Mr. Sanjay N. Gaikwad h/f Mr. Gaware Niteen V.

...

CORAM : SHAILESH P. BRAHME, J.

DATE : 01.08.2025 PER COURT :- 1.

It transpires from record that the registration of the second appeal was refused. For restoration of the second appeal, civil application is filed which is also barred by time. A notice issued to sole respondent is unserved. As in the second appeal no notice was issued, I do not find it necessary to wait till the sole respondent is served for the purpose of restoration of the second appeal.

2.

Learned counsel for the applicant undertakes to remove all office objections.

3.

For the reasons stated in the application, the same is allowed in terms of prayer clauses "A" and "B" on condition that applicant shall remove office objections within a period of

962-CA.7375-23.odt four (4) weeks from today. If the objections are not removed then no further latitude would be granted unless cost of Rs.50,000/- is paid.

(SHAILESH P. BRAHME, J.) ...

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