Bombay High CourtCAO/602/2022delay condonatedrejected

Dayaram Keshawrao Patekar (Dead) Thr. Lrs. Smt. Nirmalabai Dayaram Patekar And Others v. Narayanrao Shankarrao Khule

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

1 942cao602.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAO] NO.602 OF 2022 IN MISC. CIVIL APPLICATION ST. NO.8833 OF 2022 IN REJ. SECOND APPEAL ST. NO.2499 OF 2022 [Dayaram Keshawrao Patekar (Dead) and others .vs. Narayanrao Shankarrao Khule] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 33 days. The registration of Second Appeal was refused by the Registrar (Judicial) vide order dated 21.4.2022. There was conditional order. Office objections were to be removed within 14 days. The order could not be complied by the counsel for the applicants due to summer vacation and in that process delay of 33 days is caused in filing application for restoration.

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 allowed. Delay is hereby condoned. Office is directed to register the Misc. Civil Application.

2 942cao602.22.odt Misc. Civil Application St. No.8833/2022 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 21.4.2022 passed by the Registrar (Judicial) in Second Appeal St. No.2499/2022 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