Chindhubai Udesing Paradhi Died Thr Lrs Bebabai Rajendra Pardhi v. Sajandas Khatumal Wasvani

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 911 CIVIL APPLICATION NO. 309 OF 2024 IN WPST/8185/2022 CHINDHUBAI UDESING PARADHI (DIED) THROUGH LR BEBABAI RAJENDRA PARDHI

VERSUS

SAJANDAS KHATUMAL WASVANI ...

Mr. A.R. Kawade, Advocate for applicant Mr. D.P. Palodkar, Advocate for the sole respondent ...

CORAM :

S.G. CHAPALGAONKAR, J.

DATE :

13th JUNE, 2024 ORDER :

Heard learned Advocates appearing for respective parties. The order dated 13.06.2022 passed by the learned Registrar (Judicial) is subjectmatter of challenge with prayer to condone the delay of 443 days caused in filing the present application seeking restoration of writ petition. Mr. D.P. Palodkar, learned Advocate appearing for the respondent vehemently opposes the application stating that there is inordinate delay and lethargic approach of the applicant is not pardonable.

911_CA_309_2024 The applicant pleaded that he was unaware of dismissal order and some negligence is also attributed to Advocates office dealing with the matter on his behalf.

Considering the reasons as stated, application is allowed in terms of prayer clause 'B' and 'C', subject to condition that applicant shall remove the office objections and deposit the costs of Rs.5,000/- (Rupees Five Thousand only) with High Court Legal Services Sub-Committee, Aurangabad within a period of two weeks from the date of this order. In case of failure to comply conditions as stipulated, order dated 13.06.2022 passed by the learned Registrar (Judicial) shall govern the proceeding. ( S.G. CHAPALGAONKAR ) JUDGE agd