Namdev Ambadas Karpure v. Sagubai Alias Shindubai Trimbak Chaudhari And Another

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 957 CIVIL APPLICATION NO. 202 OF 2025 IN SAST/25403/2024 Namdev Ambadas Karpure ....Applicant

VERSUS

Sagubai Alias Shindubai Trimbak Chaudhari & another .....Respondents .....

Mr. V. K. Munjal, Advocate holding for Mr. V. S. Undre, Advocate for Applicant.

CORAM : R. M. JOSHI, J.

DATE : 5th FEBRUARY, 2025.

PER COURT :

1.

This is an application for restoration of Second Appeal St. No. 25403/2024.

2.

Learned counsel for applicant/original appellant submits that the appeal came to be dismissed for want of removal of office objections. He further contends that no notice was issued to the Respondents. Thus, it is his contention that there is no impediment in allowing the application. He further claims that delay caused in preferring the application for restoration is not deliberate.

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Having regard to the averments made in the civil application, it cannot be said that delay in preferring the application is deliberate. Since no notice was issued to the respondents at the time of dismissal of Second Appeal St. No. 25403/2024, there is no impediment in allowing the application. Hence, application is allowed.

4.

Learned counsel for applicant undertakes to remove office objections within a period of two weeks. Statement is accepted as undertaking. If objections are not removed within two weeks, the appeal shall stands dismissed without reference to the Court. ( R. M. JOSHI) Judge dyb