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Bombay High CourtCAO/323/2023delay condonatedrejected

Raghunath S/O Maroti Agashe v. Ankush S/O Rupchand Katre And Others

2023-03-09Hon'Ble Smt. Justice M. S. Jawalkar2 pages

1 14 cao 323-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.323/2023 IN MISC. CIVIL APPLICATION ST. NO.4342/2023 IN SECOND APPEAL ST. NO.13739/2022(R) Raghunath s/o Maroti Agashe Vs.

Ankush Rupchand Katre and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.S. Ghate, Advocate for applicant CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

09/03/ The present application is filed for condonation of delay in filing restoration application. The registration of Second Appeal St. No.13739/2022 came to be refused by the order of the Registrar (Judicial) dated 29/10/2022 for want of removal of office objections.

2.

It is submitted that the appellant is senior citizen and is having no educational qualification. As such, delay is caused in filing restoration application. 3.

For the reasons stated in the application, I am inclined to allow the application subject to costs of Rs.500/- to be paid to the Vidarbha Lady Lawyer Association, Nagpur within a period of one week. 4.

The application is allowed. The delay in filing restoration application is hereby condoned.

2 14 cao 323-2023 5.

The Registry is directed to register the Misc. Civil Application St. No.4342/2023.

6.

The application stand disposed of accordingly. MISC. CIVIL APPLICATION ST. NO.4342/2023 1.

The present application is filed for restoration of second appeal. The registration of Second Appeal is refused for want of removal of office objections. The registration was refused by the order of the Registrar (Judicial) dated 29/10/2022.

2.

For the reasons stated in the application, the application is allowed.

3.

The Registry is directed to register the Second Appeal St. No.13739/2022 to its original number. 4.

After registration of the same, the appellant to remove office objections within one week.

5.

After payment of costs as referred above and on removal of office objections, list the matter for admission on 20/03/2023.

JUDGE R.S. Sahare Signed By:RANJANA SAMEER SAHARE