Taibai Bandu Kale v. Sheshraj Suryabhan Kalane

2024:BHC-AUG:5 4-CA-14398-2023+.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14398 OF 2023 IN SAST/14514/2023 Taibai Bandu Kale ....Applicant

VERSUS

Sheshraj Suryabhan Kalane .....Respondent ...

Mr. S. P. Salgar, Advocate for Applicant ...

CORAM:R.M. JOSHI, J DATE :JANUARY 02, 2024 PER COURT :

1.

This application is filed for restoration of Second Appeal.

2.

Learned Counsel for the Applicant submits that the original Appeal is yet to be registered. Since the other side was not issued any notice in the original proceeding, there is no impediment in entertaining application.

3.

Considering the reasons mentioned in the application, and also in view of the statement made by learned Counsel for the Applicant that majority

4-CA-14398-2023+.odt objections are already removed, this is a fit case to condone delay in restoration of second appeal. Hence, application stands allowed in terms of prayer clauses 'A' and 'B'. Second Appeal (stamp) no. 14514/2023 stands restored.

4.

All remaining objections are to be removed within a week. If Appellant fails to remove other objections within stipulated period, Appeal shall stand dismissed without further reference to the Court. (R. M. JOSHI, J.) Malani