Nathu S/O Bholu Parate And Others v. Mohan Parasram Parate And Others

2025:BHC-NAG:13001 8..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.868 OF 2024 IN MCA ST. NO.4281 OF 2024 IN SECOND APPEAL ST. NO.10001 OF 2023 (Rej.) Natthu S/o Bholu Parate and others .Vs. Shri Mohan Sb Parasram Parate and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. A.S. Joshi, Advocate for applicants.

Mr. T.S. Deshpande, Advocate for non-applicants. CORAM : ROHIT W. JOSHI, J.

DATE : 25/11/2025 1.

Registration of Second Appeal St. No.10001 of 2023 came to be refused since office objections were not removed in compliance of order dated 06.07.2023 passed by the learned Registrar (Judicial). Miscellaneous Civil Application St. No.4281 of 2024 is filed challenging the said order and for seeking registration of the appeal. There is a delay of around 166 days in filing the said application. Civil Application No.868 of 2024 is filed seeking condonation of delay. Since the applicants failure to remove office objections cannot be attributed personally to the applicants, in the considered opinion of this Court, it will be appropriate to condone the delay caused in filing the application seeking registration of Second Appeal and also to quash and set aside order dated 06.07.2023 passed by the learned Registrar (Judicial) and directing registration of the said Second Appeal.

8..odt 2.

In view of the above, Civil Application No.868 of 2024 and Miscellaneous Civil Application St. No.4281 of 2024 are allowed. Office is directed to register the Second Appeal Stamp No.10001 of 2024 subject to condition that all the office objections shall be removed positively before 06.12.2025. In the event, office objections are not removed before the said date, the second appeal shall stand dismissed without further reference to the Court.

(ROHIT W. JOSHI, J.) C.L. Dhakate