Venubai Ramrao Vendal And Another v. Kishan Rakhmaji Harkal And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 911 CIVIL APPLICATION NO.15050 OF 2022 IN SAST/29695/2019 VENUBAI RAMRAO VENDAL AND ANOTHER

VERSUS

KISHAN RAKHMAJI HARKAL AND OTHERS ...

Advocate for Applicants : Mr. I.K. Wagh h/f. Mr. M.S. Bhosale ...

CORAM : ARUN R. PEDNEKER, J.

DATED : 03/08/2023 PER COURT :

1.

Civil Application is filed for quashing and setting aside the order passed by Registrar Judicial dated 4.8.2021 by condoning the delay of 327 days.

2.

The learned counsel submits that applicant has not able to remove the office objections due to pendemic and delay in filing the application is caused. The appellant No. 1 has died and appellant No. 2 was admitted in hospital due to suffering with brain tumor and therefore, the the applicants could not come with affidavit and as such, delay of 327 days is caused in filing the present civil application.

3.

For the reasons stated in the application, the delay in filing restoration application is condoned. The order passed by Registrar Judicial dated 4.8.2021 is quashed and set aside to the extent of dismissal of the present second appeal. Appeal is restored to it's original number. Appellant is granted four weeks time to remove all office objections. Civil Application is disposed of.

4.

To be listed as and when circulated.

[ARUN R. PEDNEKER J.] ssc/