Bombay High CourtCAO/612/2022delay condonatedrejected

Nanibai Wd/O Moti Patokar And Others v. Maidabai Ashraf Patokar And Others

2022-08-26Hon'Ble Smt. Justice M. S. Jawalkar2 pages

1 943cao612.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAO] NO.612 OF 2022 IN MISC. CIVIL APPLICATION ST. NO.8831 OF 2022 IN REJ. SECOND APPEAL ST. NO.8047 OF 2021 [Nanibai wd/o Moti Patokar (Dead) and others .vs. Maidabai Ashraf Patokar (Dead) 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 P. S. Patil, Advocate for Applicants.

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C ORAM : SMT. M.S. JAWALKAR, J.

D ATE : 26/08/2022 .

Present application is filed by the applicants for condonation of delay in filing restoration application. There is delay of 99 days. The registration of Second Appeal was refused by the Registrar (Judicial) vide order dated 9.12.2021. The office objections were not removed within time. The reason put-forth by the applicants is that due to pandemic of Covid-19, there was no regular functioning of the court nor advocates were regularly attending the court physically. When enquiry was done, it was revealed that the registration of the appeal was already refused by order dated 9.12.2021.

For the reasons stated in the application, I am satisfied that there is no intentional or deliberate delay in filing application for restoration. Application is

2 943cao612.22.odt allowed. Delay is hereby condoned. Office is directed to register the Misc. Civil Application.

Misc. Civil Application St. No.8831/2022 Present application is filed by the applicants for restoration of appeal. The reasons put-forth are the same reasons for condonation of delay. There are justified reasons for not attending the matter and not removing office objections, as such the application is allowed. The order dated 9.12.2021 passed by the Registrar (Judicial) in Second Appeal St. No.8047/2021 is hereby set aside.

Registry is directed to restore the Second Appeal on its original number. After registration of Second Appeal, learned counsel for the appellants to remove office objections within two weeks.

MCA is allowed and disposed of.

[Smt. M.S. Jawalkar, J.] Gulande Signed By:ABHIMANYU SHANKARRAO GULANDE Personal Assistant High Court Nagpur