Hirabai Rajendra @ Raju Bulakhe And ANR v. Yogesh Madanlal Bhatewara And ANR

2025:BHC-AUG:26448 -1- 947-CA-1-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1 OF 2024 IN FAST/11641/2022 HIRABAI RAJENDRA @ RAJU BULAKHE AND ANOTHER

VERSUS

YOGESH MADANLAL BHATEWARA AND ANOTHER ......

Advocate for Applicant : Mr. Shriraj R. Wakale ......

CORAM : ABHAY S. WAGHWASE, J.

DATED : 24 SEPTEMBER 2025 PER COURT :

1.

This is an application for restoration of First Appeal (St.) No.11641 of 2022, registration of which stood refused by operation of conditional order dated 28-06-2022 passed by the Registrar (Judicial) on failure of the applicants to remove office objections. 2.

Learned Advocate for the applicants / original appellants submits that First Appeal is pertaining to death claim. He undertakes to remove all office objections within a period of one week. He also undertakes to diligently argue the matter, if the First Appeal is restored. 3.

In view of the said statement and considering the reasons disclosed in the application, and in order to give fair opportunity to the applicants to argue the matter on merits, application need to be allowed. Hence the following order :

-2- 947-CA-1-2024

ORDER

(i) The application stands allowed.

(ii) The delay in filing application for restoration is condoned. (iii) Order dated 28-06-2022 passed by Registrar (Judicial) is set aside and the First Appeal is restored, subject to the applicants removing office objections within a period of one week from today. (iv) Registry to register the First Appeal, if the office objections are removed within one week from today.

(v) On failure to meet the timeline for removing office objections, the matter shall stand dismissed without further reference to the court.

(ABHAY S. WAGHWASE, J.) Tandale