Anjum D/O Kayyum Kureshi And ORS v. Sheshrao Jagannath Admine And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 930 CIVIL APPLICATION NO.12827 OF 2023 IN FAST/19652/2022 ANJUM D/O KAYYUM KURESHI AND ORS

VERSUS

SHESHRAO JAGANNATH ADMINE AND ORS ...

Advocate for Applicants : Mr. Shaikh Mohammad Rizwan h/f. mr. T.R. Quadri ...

CORAM : ARUN R. PEDNEKER, J.

DATED : 26/10/2023 PER COURT :

1.

The present application is filed for restoration of the first appeal, which was dismissed on account of non removal of the office objections along with application for condonation of delay of 371 days caused in filing the restoration application.

2.

The learned counsel for the applicants submits that inadvertant mistake of the advocate is that he did not notice the matter and same was dismissed for non removal of the office objection vide order dated 13.9.2022 passed by the Registrar Judicial and the appeal came to be dismissed.

3.

For the reasons stated in the application, the delay caused in filing restoration application is condoned. The appeal is restored and the order of the Registrar Judicial dated 13.9.2022 to the extent of present applicants is set aside on condition that the applicants shall remove the office objections within six weeks from today, failing which the order of Registrar Judicial dated 13.9.2022 shall stand restored.

4.

Civil Application for restoration is disposed of accordingly. [ARUN R. PEDNEKER J.] ssc/