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Bombay High CourtCA/15491/2023disposed off

Devisinh Einathsinh Chavhan Died By Lrs Vimal Devisinh Chavhan v. Rashidabee Shaikh Zulfu And Others

2024-08-26Hon'Ble Shri Justice Arun R. Pedneker1 pages

2024:BHC-AUG:19598

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 49 CIVIL APPLICATION NO. 15491 OF 2023 IN WPST/4023/2023 DEVISINH EINATHSINH CHAVHAN DIED BY LRS VIMAL DEVISINH CHAVHAN

VERSUS

RASHIDABEE SHAIKH ZULFU AND OTHERS ...

Advocate for Applicant : Mrs. S.G. Chincholkar h/f. Mr. G.N. Chincholkar AGP for Respondent/State: Mrs. Kavita R. Jamdhade ...

CORAM

: ARUN R. PEDNEKER, J.

Dated : August 26, 2024 PER COURT :- 1.

Present application is moved for restoration of the appeal. The appeal is dismissed for non removal of the office objection by the Registrar Judicial of this Court vide order dated 17.4.2023.

2.

The learned counsel for the petitioner submits that inadvertently the petition was remained unattended and the office objections could not be removed within stipulated period and the matter was dismissed for none removal of office objection after two weeks. The learned counsel further submits that as inadvertently matter was not attended, the delay of 216 days is caused in filing the present application. 3.

For the reasons stated in the application, the delay of 216 days caused in filing the application for restoration is condoned. The application is allowed. Appeal is restored. The order passed by the Registrar Judicial dated 17.4.2024 is quashed and set aside. Four weeks time is granted to remove the office objections. The application is disposed of. ( ARUN R. PEDNEKER, J. ) ssc/