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Bombay High CourtCA/6751/2025admittedallowedgrantedrule absolute

Champabai Dadarao Ambad Died And Others v. Achyut S Shrirang Ambad Since Deceased Through His Lrs

2025-07-07Hon'Ble Shri Justice R. M. Joshi2 pages

2025:BHC-AUG:17448 *1* 35ca6751o25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6751 OF 2025 IN SAST/33573/2024 CHAMPABAI DADARAO AMBAD DIED AND OTHERS

VERSUS

ACHYUT SHRIRANG AMBAD SINCE DECEASED THROUGH HIS LRS ...

Shri Shirasath Suhas R., Advocate for the Applicants. ...

CORAM : PRAFULLA S. KHUBALKAR, J.

DATE : 07th July, 2025 Per Court :- 1.

This is application for restoration of the Second Appeal, registration of which was refused for non removal of office objections. The applicants have also prayed for condonation of 100 days delay in filing the application. 2.

Heard learned advocate for the applicants. He submits that after the Second Appeal was filed, office objections could not be removed due to inadvertence and even refusal of registration could not be noticed, which has caused delay. He submits that the applicants have good case on merits and want to contest it. They are ready to remove office objections within four

*2* 35ca6751o25 weeks so that the matter can be registered and taken up for hearing on merits.

3.

Considering the contentions in the application particularly in paragraph Nos.3 to 5 and the submissions advanced, delay of 100 days in filing the application is condoned. The order dated 29.01.2025 passed by the learned Registrar (Judicial) refusing registration of the Second Appeal is set aside. The applicants are directed to remove office objections within four weeks. On removal of office objections, the Second Appeal be registered. The Civil Application is disposed of. kps ( PRAFULLA S. KHUBALKAR, J.)