Shivaji Bajirao Aher v. Ashok Bajirao Aher (Died) Thr Lrs Sushial And ORS

2024:BHC-AUG:887 518.24CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 925 CIVIL APPLICATION NO. 518 OF 2024 IN CAST/8055/2023 SHIVAJI BAJIRAO AHER

VERSUS

ASHOK BAJIRAO AHER (DIED) THROUGH L.Rs.

SUSHIAL & OTHERS ...

Advocate for Applicant : Mr.I.D.Maniyar Advocate for respondents : Adv.R.N.Chavan h/f. Mr.V.A.Bagdiya ...

CORAM :ARUN R. PEDNEKER, J.

DATE :12.01.2024 P.C. :

1] The present Civil Application is filed to recall the order dated 07.08.2023 passed by Registrar [Judicial] and to restore Civil Application Stamp No.8055 of 2023 by condoning delay of 107 days in filing the present Civil Application.

2] The learned counsel for the applicant submits that conditional order was passed by the Registrar [Judicial], however, inadvertently, office objections could not be removed within stipulated time. He further submits that when he came to know about the dismissal of the matter, the present Civil Application is filed immediately for restoration. Therefore, the delay caused in filing the present

518.24CA Civil Application is not intentional and deliberate. Considering the said fact, the present application may be allowed.

3] In view of the submissions made, the present Civil Application is allowed. Delay is condoned. Civil Application is disposed of accordingly.

4] Issue notice to the respondents in Civil Application Stamp No.8055 of 2023, returnable on 1st March, 2024.

[ARUN R. PEDNEKER] JUDGE DDC