Surendra Vasant Mahajan v. Varsha Surendra Mahajan

9-CA-16730-2022.odt SPChauhan

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 16730 OF 2022 IN SECOND APPEAL STAMP NO. 7857 OF 2022 Surendra Vasant Mahajan ... Applicant

Versus

Varsha Surendra Mahajan ... Respondent ....

Mr. M.R. Wagh - Advocate for Applicant ....

CORAM : GAURI GODSE, J.

DATE : 17th February, 2023 PER COURT :

1.

This application is filed for setting aside the order dated 29th June, 2022, passed by the learned Registrar.

2.

By the said order, conditional time was granted to remove office objections.

3.

Since objections are not removed within time, registration of Second Appeal was refused. Hence, this application is filed for setting aside the order and restoration of the Second Appeal with the prayer for condonation of delay.

4.

Learned Advocate appearing for the applicant states that there was no Caveat in the Second Appeal and the respondent was not 1/2

9-CA-16730-2022.odt present when the conditional order passed. He further submits that he will remove all office objections within a period of one from today.

5.

For the reasons stated in the application, delay is condoned. Subject to removal of all office objections within a period of four weeks from today, application is allowed in terms of prayer clauses 'b', 'c' and 'd', which read thus :

"b.

The delay of 153 days in filing the present application may kindly be condoned.

c.

The order dated 29.6.2022 passed by Ld. Registrar Judicial in second appeal stamp no. 7857/2021 may kindly be quashed and set aside.

d.

The applicant may kindly be permitted to remove all the office objections and after removal of all the objection matter may kindly be heard on its own merit."

6.

Stand over to 17th March, 2023.

[ GAURI GODSE ] JUDGE 2/2