Maya Satish Puri And Others v. Smt. Anusaya C/O Late Dadagir Giri Goswami And Others

1 910 cao 426-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.426/2023 IN MISC. CIVIL APPLICATION (R) ST. NO.3758/2023 IN SECOND APPEAL ST. NO.21287/2022 Maya Satish Puri and others Vs.

Smt. Anusaya s/o Late Dadagir Giri Goswami and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms Shrusti Shahakar, Advocate h/f Shri R.N. Badhe, Advocate for appellants CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

24/03/ The present application is filed for condonation of delay of 6 days in filing application for restoration of Second Appeal. Second Appeal St. No.21287/2022 came to be dismissed for want of removal of office objections by the order of the Registrar (Judicial) dated 19/01/2023. Due to inadvertent mistake on the part of the Advocate, the objections could not be removed and when it was noticed, the matter was dismissed.

2.

The application is supported by affidavit of learned Counsel for appellants.

3.

The delay of 6 days in filing restoration application is hereby condoned. As such, the application is allowed.

4.

The Registry is directed to register the Misc. Civil Application.

2 910 cao 426-2023 5.

The application stands disposed of accordingly.

MISC. CIVIL APPLICATION ST. NO.3758/2023 1.

The present application is filed for restoration of Second Appeal which was rejected by the order of the Registrar (Judicial). There was objections in respect of filing of certified copies and correction in the application for condonation of delay. The Registrar (Judicial) passed conditional order dated 19/01/2023. The office objections could not be removed as certified copies were not received.

2.

It is submitted that due to inadvertent mistake on the part of Advocate, the office objections could not be removed. However, as the application is supported by affidavit of learned Counsel for applicant, the application is allowed.

3.

The order passed by the Registrar (Judicial) dated 19/01/2023 is hereby set aside.

4.

The Registry is directed to register the Second Appeal on its original stamp number.

5.

After registration of Second Appeal, the applicant to remove office objections within one week. JUDGE R.S. Sahare Signed By:RANJANA SAMEER SAHARE