Smt. Sunita Sanjay Kshirsagar And Others v. Kavadu Gajanan Kshirsagar And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAO) NO. 687/2023 IN MISC. CIVIL APPLICATION STAMP NO. 6304/2023 IN CIVIL REVISION APPLICATION STAMP NO. 12284/2022 Smt. Sunita Sanjay Kshirsagar and others Vs.

Kavadu Gajanan Kshirsagar and another - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 applicants CORAM : SMT. M.S. JAWALKAR, J.

DATE : 02/05/2023 Present application is filed for condonation of 72 days' delay in filing application for restoration of Civil Revision Application Stamp No. 12284/2022. The reason for causing the delay is that the certified copy of the impugned order was not filed though Counsel for appellant was under impression that it is filed and another reason is that for want of knowledge about refusal of registration, the applicant could not file application for restoration within prescribed period.

2.

For the reasons stated in the application, I am inclined to allow the application and condone the delay, however, for not showing due diligence, subject to costs of Rs.1000/-, to be paid within two weeks with the High Court

Bar Library.

3.

Application stands disposed of as allowed subject to cost as referred above.

MISC. CIVIL APPLICATION ST. NO. 6304/2023 The present application is filed for restoration of Civil Revision Application Stamp No.12284/2022, registration of which was refused for want of removal of office objection. 2.

The learned Registrar (Judicial) passed conditional order on 20/12/2022, and fourteen days' time was granted to remove office objection. However, due to inadvertent mistake it could not be removed and ultimately on 03/01/2023, the registration of Civil Revision Application came to be refused. The application is supported by affidavit of counsel.

3.

As such, for the reasons stated in the application, the application is allowed. Subject to costs as directed in Civil Application No. 687/2023. The order passed by Registrar (Judicial), is hereby quashed and set aside.

4.

Registry is directed to register Civil Revision Application Stamp No. 12284/2022, on its original number, after payment of costs.

5.

After registration of the Civil Revision Application Stamp No. 12284/2022, learned Counsel for appellant/applicant to remove office objection by 15/06/2023.

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