Ramsing Lumbha Rathod v. Dr. Mohd. Nasrullah Farooqui Deceased Thr Lrs Sabera Begum Mohd. Nasrullah Farooqui And ORS

57-CA-2518-2023 SGA

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2518 OF 2023 IN APPEAL FROM ORDER (STAMP) NO. 11676 OF 2020 Ramsing Lumbha Rathod ... Applicant

Versus

Dr. Mohd. Nasrullah Farooqui (Since deceased) Through L.Rs.

Sabera Begum Mohd. Nasrullah Farooqui and others ... Respondents ...

Mr.D.K. Kulkarni - Advocate for Applicant ....

CORAM : GAURI GODSE, J.

DATE : 1st March, 2023 PER COURT :

1.

This application is for restoration of Appeal From Order by setting aside the conditional order dated 5th August, 2021 passed by learned Registrar (Judicial). There is also prayer for condonation of delay.

2.

Learned advocate appearing for applicant states that all the office objections will be removed within a period of four weeks from today. He submits that there was no caveat filed in the matter and respondents were not represented when the order was 1/2

57-CA-2518-2023 passed. Hence, for the reasons stated in the application, delay in filing the application is condoned. Subject to applicant removing all office objections within a period of four weeks from today, the application is allowed in terms of prayer clauses "B" and "C", which read thus :

"B) Delay of 89 days caused in filing present application seeking setting aside of the order of learned Registrar dt. 5/8/2021 be condoned in the interest of justice on whatever terms found fit by this court.

C) The order dt. 5/8/2021 passed by learned Registrar, High Court, Bench Aurangabad refusing registration of A. O. St. No.11676/2020 be set aside and same be ordered to be restored to its original stage."

3.

If office objections are not removed within a period of four weeks from today, the application shall stand dismissed without reference to the Court.

[ GAURI GODSE, J. ] 2/2