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Bombay High CourtCAO/54/2021allowed

Smt. Alka Wd/O Sharad Daniel v. Smt. Maria Wd/O Sharad Daniel And Others

2025-12-19Hon'Ble Shri Justice Pravin S. Patil2 pages

37 cao 54-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAO) NO.54/2021 IN MISC. CIVIL APPLICATION ST. NO.6339/2020 IN FIRST APPEAL NO.309/2010 (D) Smt. Alka wd/o Sharad Daniel Vs.

Smt. Maria wd/o Sharad Daniel 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 R.K. Pillai, Advocate for appellant Shri Y.S. Bangale, Advocate for respondents CORAM : PRAVIN S. PATIL, J.

DATE : 19.12.2025 Learned Counsel for applicant states that as respondent Nos.3 and 4 are reported to be dead. They were not having any legal representatives as they were not married. The applicant seeks deletion of the names of respondent Nos.3 and 4.

2.

Permission to delete respondent Nos.3 and 4 is granted on the risk of applicant.

CIVIL APPLICATION NO.54/2021 1.

By this application, the applicant is seeking condonation of delay of 115 days in filing restoration of appeal. For the reasons stated in the application, the application is allowed.

37 cao 54-2021.odt MISC. CIVIL APPLICATION ST. NO.6339/2020 1.

The applicant has specifically stated that this appeal was dismissed on 30.01.2020, wherein the Pandemic COVID-19 was going on and, therefore, same could not be removed as there were restrictions by the Government. Hence, for the reasons stated in the application, the application is allowed.

2.

The office is directed to restore the First Appeal No.309/2010.

3.

The applicant is directed to remove all office objections by 12.01.2026.

4.

List the matter immediately after removal of office objections.

(PRAVIN S. PATIL J.) R.S. Sahare