Narayan Mahadu Koli v. Nivruti Ramdas Bharambe And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14150 OF 2023 IN SAST/20466/2021 NARAYAN MAHADU KOLI

VERSUS

NIVRUTI RAMDAS BHARAMBE AND ORS Mr. S. B. Bhapkar, Advocate for the applicant

CORAM

: R. M. JOSHI, J.

DATE : 3rd JANUARY, 2024 P.C. :- 1.

This application filed for restoration of Second Appeal (ST) No. 20466 of 2021 dismissed by the order of Registrar dated 25th August, 2021 for non removal of office objections.

2.

Learned counsel for the applicant submits that he could not contact the appellant and owing to the Covid-19 pandemic situation, he could not remove office objections in time. According to him, there is no deliberate or intentional act on the part of the appellant in non removal of the office objections.

3.

Since the appeal was dismissed before issuance of notice to the respondent, there is no impediment in entertaining this application in absence of the respondent. Considering the reason given for non removal 905.ca14150.23.odt

of office objections, this Court finds it appropriate to condone the delay. Hence, the application is allowed in terms of prayer clauses 'B' and 'C' subject to removal of office objections within a period of three weeks from today.

4.

If office objections are removed, appeal be registered. In the event, office objections are not removed within stipulated time, the appeal shall stand dismissed without reference to this Court. (R. M. JOSHI, J.) ssp 905.ca14150.23.odt