Ruprao Namdeorao Mandekar And Others v. Mohan Manoharrao Lad And 2 Others

1 909 cao 310-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.310/2023 IN MISC. CIVIL APPLICATION ST. NO.4538/2023 IN MISC. CIVIL APPLICATION ST. NO.13542/2022 (R) IN SECOND APPEAL ST. NO.27067/2018 (R) Ruprao Namdeorao Mandekar and others Vs.

Mohan Manoharrao Lad 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 H.R. Dhumale, Advocate for appellants CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

03/03/ The present application is filed for condonation of delay in filing Misc. Civil Application for restoration of Misc. Civil Application St. No.13542/2022 for restoration of Second Appeal St. No.27067/2018 which was listed in the list of office objections on 15/09/2022. Some objections were removed by the Counsel, however, inadvertently some objections were remained to be removed. As such, Second Appeal came to be rejected on 29/09/2022. When circular is sought on January, 2023, the Counsel for applicants came to know that it was rejected on 29/09/2022.

2.

For the reasons stated in the application, I am inclined to condone the delay subject to costs of Rs.1000/- to be paid to the Vidarbha Lady Lawyer Association, Nagpur, within two weeks.

2 909 cao 310-2023 3.

The Registry is directed to register the Misc. Civil Application St. No.4538/2023.

4.

The application stands disposed of accordingly.

MISC. CIVIL APPLICATION ST. NO.4538/2023 The present application is filed for restoration of Misc. Civil Application St. No.13542/2022 for restoration of Second Appeal.

2.

The reasons stated in the application supported by affidavit of concerned Advocate. Hence, the application is allowed.

3.

The order passed by Registrar (Judicial) dated 29/09/2022 is hereby quashed and set aside. 4.

The Registry is directed to restore Misc. Civil Application St. No.13542/2022 on depositing costs as referred above.

5.

The application stands disposed of accordingly.

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