Keshav Raghunath Dabhekar v. Sou. Leela Pandurang Shende And Others

911 cao 539-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAO) NO. 539/2023 IN MISC. CIVIL APPLICATION STAMP NO. 4845/2023 Keshav Raghunath Dabhekar Vs.

Sou Leela Pandurang Shende and others - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - --- - - - - ------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- Shri A.A. Dhawas, Advocate for applicant CORAM : SMT. M.S. JAWALKAR, J.

DATE : 02/05/2023 The present application is filed for condonation of delay of 20 days in filing application for restoration of second appeal. Registration of Second Appeal Stamp No. 21014/2022, came to be refused by the conditional order of Registrar (Judicial), dated 19/01/2023, which resulted in refusal of registration of second appeal. It is submitted that due to an inadvertent mistake the matter listed for removal of office objection was not noticed and therefore matter was dismissed for want of removal of office objection. The application is supported by affidavit of the counsel. However, for not showing due diligence, I am allowing the application, subject to costs.

Jayashree..

911 cao 539-2023.odt 2.

Accordingly the delay in filing application for restoration is hereby condoned, subject to costs of Rs.500/- to be deposited in the High Court Bar Library.

3.

The Registry is directed to register Misc. Civil Application.

4.

The application stands disposed of.

MISC. CIVIL APPLICATION STAMP NO. 4845/2023 Present application is filed for restoration of Second Appeal Stamp No. 21014/2022. By the conditional order of Registrar (Judicial), matter came to be dismissed on 02/02/2023.

2.

For the reasons stated in the application, application is allowed, subject to costs as directed in Civil Application No.539/2023. The order passed by learned Registrar (Judicial) dated 19/01/2023, is hereby set aside. 3.

The Registry is directed to register the second appeal on its original stamp number, after payment of costs. 4.

The learned Counsel for appellant to remove office objection after registration of the second appeal by 15/06/2023.

5.

The application is disposed of.

Signed By:JAYASHREE SHARAD SHINGNE (SMT. M.S. JAWALKAR, J.) Jayashree..