Dr. Jawaharlal S/O Manoharlal Sonbarse v. Shri. Kishor S/O Manoharlal Sonbarse Thr. P.O.A. Sau. Chandrakala K. Sonbarse And Others

2025:BHC-NAG:5151 1 4caw376.2023..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAW) NO 376/2023 WITH CIVIL APPLICATION (CAW) NO 950/2023 WITH CIVIL APPLICATION (CAW) ST NO 17090/2023 IN WRIT PETITION NO. 607 OF 2021 (Dr. Jawaharlal s/o Manojharlal Sonbarse Vs. Shri Kishor s/o Manoharlal Sonbarse and ors) Office Notes, Office Memorandum of Coram, appearances, Court's orders of directions, Court's or Judge's order and Registrar's orders.

Mr. N.R. Kanungo, Advocate for petitioners.

CORAM : ABHAY J. MANTRI, J.

ATE : MAY 9, 2025 CIVIL APPLICATION (CAW) NO 376/2023 WITH CIVIL APPLICATION (CAW) NO 950/2023 Heard learned counsel for the petitioner. None appears for the respondents.

2.

These applications moved to restore the petition against respondent Nos. 4 to 6 and 8, which was dismissed on 23.09.2022, and to permit him to serve respondent Nos. 4 to 6 and 8 through the paper publication.

R.S. Belkhede, PS

2 4caw376.2023..odt 3.

It appears that vide order dated 23.09.2022, the petition was dismissed against respondents Nos. 4 to 6 and 8 for not providing the correct addresses. It further seems that a delay has been caused in filing these applications. The learned counsel for the petitioner submits that on 21.03.2023, he went to the office, but the office did not accept his application for condonation of delay for the reason best known to the officials.

4.

Considering the facts and submissions of the learned counsel for the petitioner and reasons disclosed in the applications, it would be proper to allow these applications by condoning the delay, if any, caused in filing an application for restoration of application against respondent Nos. 4 to 6 and 8, which is hereby condoned. As such, both applications are allowed.

5.

Upon restoration of the petition against the respondent Nos. 4,5,6, and 8, issue notice to them through the paper publication in widely circulated newspaper/s. Accordingly, applications are disposed of. (ABHAY J. MANTRI, J.) R.S. Belkhede, PS