Dinkar Lalji Masne v. Chikabai Mahadeo Masne And Others

1 9 cao 377-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.377/2025 IN MISC. CIVIL APPLICATION ST. NO.7354/2025 IN WRIT PETITION ST. NO.22373/2024 (D) Dinkar Lalji Masne Vs.

Chikabai Mahadeo Masne and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.D. Bhate, Advocate for petitioner CORAM :

SMT. M.S. JAWALKAR, J.

DATED : 07.04.2025 The present application is filed for condonation of delay in filing application for restoration. It is submitted that due to inadvertent mistake on the part of the petitioner, the conditional order passed by the Registrar (Judicial) and office objection could not be removed. When the matter was noticed, the registration of the petition was refused for non-removal of office objection. The learned Counsel for petitioner filed application for recalling the said order of dismissal dated 10.02.2025 and for restoration of Writ Petition St. No.22373/2024. However there is delay of 34 days. The application is supported by affidavit of learned Counsel for petitioner. As such, for the reasons stated in the application, the application is allowed.

2.

The delay in filing restoration application is hereby condoned.

2 9 cao 377-2025 3.

The office is directed to register the Misc. Civil Application St. No.7354/2025.

4.

The application is disposed of accordingly.

MISC. CIVIL APPLICATION ST. NO.7354/2025 1.

The Registrar (Judicial) passed a conditional order dated 10.02.2025 and granted two weeks time to remove office objections. Failure to which, the registration of Writ Petition stands refused without reference to the Court. For the reasons stated in the application and in view of the facts that application is supported by the affidavit of Counsel for petitioner, the application is allowed.

2.

The order dated 10.02.2025 refusing registration of Writ Petition St. No.22373/2024 is hereby quashed and set aside.

3.

The Registry is directed to restore the Writ Petition St. No.22373/2024 to its original status. 4.

After restoration of the same, the petitioner to remove office objection within two weeks.

5.

The application is disposed of accordingly.

JUDGE R.S. Sahare