Ravindra Prabhakar Ghadekar v. Vinod Uttamrao Hantodkar And Others
2025:BHC-NAG:4772 1 5 cao 477.25.odt.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.477/2025 MISC. CIVIL APPLICATION ST. NO.10547/2025 IN CAO ST. NO.4386 OF 2023 IN MCA ST. NO.4385 OF 2023 IN WRIT PETITION ST. NO.8687/2022 (D) Ravindra Prabhakar Ghadekar Vs.
Vinod Uttamrao Hantodkar and ors.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.M. Vaishnav, Advocate for applicant.
CORAM :
SMT. M.S. JAWALKAR, J.
DATED : 05/05/2025 The application is filed for condonation of delay of 688 days in filing the application for restoration of Misc. Civil Application St. No.10547/2025.
2.
It appears that initially registration of Writ Petition St. No.8687/2022 was refused by the order dated 05.12.2022 and later on registration of application of MCA St.No.4385/2023 was refused by order dated 12.06.2023. As a warrant of possession was issued by the Executing Court, the present applicant enquired about the status of writ petition and he came to know that restoration application is rejected by the order dated 12.06.2023. This order was not noted down by Advocate concerned. Therefore, revision could not be filed within limitation. It is submitted that for the mistake of Advocate, the applicant may not be punished. There is 688 days delay in filing application for restoration.
2 5 cao 477.25.odt. 3.
In my considered opinion, in such circumstances, the application is allowed subject to cost of Rs.7,000/- (Rupees Seven Thousand Only). The cost be deposited in 'Uchha Nyayalay Chaturth Shreni Karmachari Sangh, Nagpur' within a period of two weeks. Registry is directed to register Miscellaneous Civil Application St. No.10547/2025. 4.
Application stands disposed of.
MISC. CIVIL APPLICATION ST. NO.10547/2025 IN CAO ST. NO.4386 OF 2023 IN MCA ST. No.4385/23 in WP St. No.8687/2022 1.
For the reasons stated in the application and in view of the fact that objection No.17 is remained to be removed, as such, application is allowed. As such, order dated 05.12.2022 and order dated 12.06.2023 passed by Registrar (Judicial) in Misc. Civil Application St. No.4385/2023 are hereby quashed and set aside 2.
Registry is directed to restore Misc. Civil Application St. No.4385/2023 to its original number so also order dated 05.12.2022 in Writ Petition St. No.4687/2022 is also quashed and set aside.
3.
Registry is directed to register Misc. Civil Application for restoration as well restore Writ Petition St. No.8687/2022 to its original number. 4.
Registry is directed to verify first whether the costs directed to be deposited in Civil Application No.477/2025 is deposited within time which was
3 5 cao 477.25.odt. granted in the said application and then only register Writ Petition St. No.8687/2022. After restoration of Writ Petition to its original St. Number, petitioner to remove office objections within one week.
5.
Application stands disposed of.
JUDGE manisha