Daivashala Dnyanoba Survase Died Through Lrs. Narayan Dyanoba Surwase And ORS. v. Prabhakar Dadarao Alat

933 C.A. No. 12752-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.12752 OF 2022 IN SAST/34445/2021 DAIVASHALA DNYANOBA SURVASE DIED THROUGH LRS. NARAYAN DYANOBA SURWASE AND ORS.

VERSUS

PRABHAKAR DADARAO ALAT ...

Advocate for Applicants : Mr. G.k. Sontakke And Mrs. P.G. Sontakke (Patil) .....

CORAM : S. G. MEHARE, J.

DATE : 22.08.2023 PER COURT :

1.

Heard the learned counsel for the applicant.

2.

After presenting the appeal there were office objections. However, the office objections were not removed. Hence, learned Registrar (Judicial) has passed the order on 4.5.2022 that failure to remove office objections within two weeks, registration would stand refused automatically without further reference to the Court of the Registrar (Judicial).

3.

Against that order, the applicants appeared before this Court with a delay of 91 days to restore the order of the learned Registrar dated 4.5.2022. There appears negligence on the part of the learned

933 C.A. No. 12752-2022.odt counsel for the applicants, he did not remove the office objections promptly. It is not a good practice.

4.

However, in the case in hand there appears some ground to restore the stage of proceedings, but subject to cost. 5.

The application is allowed in terms of prayer clause "A" and "B" with cost of Rs. 5,000/- (Rupees five thousand) to be paid to the Library of the Advocates' Association of Bombay High Court Bench at Aurangabad. The Second Appeal shall be taken up for registration only after producing the receipt of the cost. Thereafter, the learned counsel for the applicant shall remove office objections forthwith and take steps for registering the appeal expeditiously. 6.

In above terms the application stands disposed of. ( S. G. MEHARE ) JUDGE ysk