Shri Deorao S/O Sampatrao Toyane v. Shri Anil S/O Late Damodhar Pingle

923 cao 952-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICTION (CAO) NO. 952/2022 IN MISC. CIVIL APPLICATON STAMP NO. 11524/2022 IN CIVIL REVISION APPLICATION STAMP NO. 11325/2019 Shri Deorao S/o Sampatrao Toyane Vs.

Shri Anil S/o Late Damodhar Pingle - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - --- - - - - ------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- Shri Y.S. Bangale, Advocate for applicant CORAM : SMT. M.S. JAWALKAR, J.

DATE : 24/02/2023 Present application is filed for condonation of delay in filing application for restoration. The delay of 315 days caused in applying for restoration of Civil Revision Application. The said Civil Revision Application was dismissed in view of order dated 03/09/2019 for want of removal of office objections.

2.

It is contended that due to mistake on the part of advocate, he could not notice the office objection. The time for applying for restoration has expired on 24/09/2019. Considering the reasons stated in the application, I am inclined to allow the application, subject to costs. 3.

The delay in filing restoration application is hereby condoned, subject to payment of costs of Rs.1000/- to Jayashree..

923 cao 952-2022.odt paid to the High Court Bar Library within a period of one week.

4.

Registry is directed to register Misc. Civil Application for restoration.

5.

Application stands disposed of.

MISC. CIVIL APPLICATION STAMP NO. 11524/22 Present application is filed for restoration of Civil Revision application. The said Civil Revision Application came to be dismissed for want of removal of office objections by the order of Registrar (Judicial) on 03/09/2019. Due to inadvertent mistake the objection could not be removed. 2.

For the reasons stated above, application is allowed.

3.

The order dated 03/09/2019 passed by Registrar (Judicial) is set aside.

4.

Registry is directed to restore Civil Revision Application on its Stamp No. 11325/2019, after payment of costs in Civil Application No. 952/2022.

5.

After registration of the Civil Revision Application, the applicant to remove office objections within one week.

6.

Application stands disposed of.

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