Baliram S/O Tukaram Rode v. Sau. Mohana W/O Ramdas Dhabale And Another

2025:BHC-NAG:9521

28. CAO 1225 of 2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAO) NO.1225/2023 AND MISC. CIVIL APPLICATION ST. NO.12847/2023 IN REJ. SECOND APPEAL NO.25/2018 (S.A. ST. NO.22099/2017) Baliram S/o Tukaram Rode ...Versus...

Sau. Mohana w/o Ramdas Dhabale and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Ms Vishakha Madhwani, Advocate h/f Mr. D.H. Sharma, Advocate for applicant Mr. Krishna Agrawal, Advocate for respondent CORAM : ROHIT W. JOSHI, J.

DATE : 18/09/2025 1.

On account of failure to remove office objections in Second Appeal St. No.22099/2017 the learned Registrar (Judicial) has vide order dated 23/11/2017 refused registration of second appeal.

2.

Misc. Civil Application St. No.12847/2023 is filed challenging the said order passed by the learned Registrar (Judicial). Since there is a delay in filing the application for restoration, Civil Application (CAO) No.1225/2023 is filed seeking condonation of delay. There is a delay of around 1300 days in filing the restoration application. It is stated that the applicant was under bona fide impression that the appeal which was filed was pending for its adjudication and he was not aware about the fact that the registration of appeal was refused. It is stated that in the month of June, 2023 on enquiry

28. CAO 1225 of 2023.odt being made by the other Advocate, it is informed that the registration of appeal was refused vide the impugned order. 3.

It is well settled that the litigant should not be made suffered for the mistake on the part of his Advocate or Advocate's clerk. In that view of the matter, the delay caused in filing the application deserves to be condoned. For the same reasons, Misc. Civil Application St. No.12847/2023 is allowed. Second appeal is restored to file. The appellant shall remove all office objections on or before 03/10/2025, failing which the second appeal shall stand dismissed without further reference to the Court.

4.

The civil application as well as Misc. Civil Application stand disposed of accordingly. No order as to costs. (ROHIT W. JOSHI, J.) Wadkar