Kiran D/O Govindrao Hore v. Santosh S/O Chandrakant Jadhao And Others

(1) 41.cao.431.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.431 OF 2023 IN MISC. CIVIL APPLICATION STAMP NO.3331 OF 2023 IN FIRST APPEAL STAMP NO.6584 OF 2022 Kiran d/o Govindrao Hore Vs.

Santosh s/o Chandrakant Jadhao and others ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. A. D. Deshmukh, Advocate for appellant/applicant. CORAM :

URMILA JOSHI-PHALKE, J.

DATED : 27/04/2023 1.

This application is for condonation of delay of 108 days in filing the application for restoration of First Appeal.

2.

Learned Advocate for the applicant submitted that the counsel for the applicant inadvertently has not noted the office objection and, therefore, it was not removed within the time. The learned counsel further has not noted the order of the dismissal and, therefore, delay was caused. It is pertinent to note that, the applicant is not attending the proceeding at the appellate stage and, therefore, they are not aware about the orders. It is inadvertent mistake of the learned counsel and, therefore, the appeal is dismissed. For the mistake of the learned counsel, the

(2) 41.cao.431.2023 applicant cannot be punished.

3.

In view of that, delay of 108 days is condoned to do the substantial justice.

4.

Civil application is disposed of.

MISC. CIVIL APPLICATION STAMP NO.3331 OF 2023 1.

On removal of the office objection within one week, the appeal be restored at its original stage. 2.

On failure to remove the office objection within one week, earlier order passed by the Registrar (Judicial) will survive.

3.

Misc. Civil Application is disposed of.

(URMILA JOSHI-PHALKE, J.) Sarkate SARKATE 19:33