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Bombay High CourtCAO/661/2022delay condonatedrejected

Shri Nilesh S/O Keshavrao Thombre v. Sau. Reeta Nilesh Thombre And Another

2022-08-29Hon'Ble Smt. Justice M. S. Jawalkar2 pages

14. CAO 661.22 in MCAst 12088.22 in SAst 5908.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NO. 661 OF 2022 IN MISC. CIVIL APPLICATION (ST.) NO. 12088 OF 2022 IN SECOND APPEAL (ST.) NO. 5908 OF 2022 Shri Nilesh S/o. Keshavrao Thombre ...VERSUS...

Sau. Reeta Nilesh Thombre and another ____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Ms. Viny Daigavane, Advocate h/f. Shri H.D.Dangre, Advocate for appellant.

CORAM

:

SMT. M. S. JAWALKAR,J.

DATE :

th August , 2022.

The present application is filed for condonation of delay in filing restoration application for restoration of Second Appeal. 2.

It appears that for want of removal of office objection, the Registrar (Judicial) refused the registration of Second Appeal. It is pointed out that in fact on 08/07/2022, the application for extension of time was filed. However, it came to know that the registration is refused one day before. There was already order dated 05/07/2022 passed by this Court for tagging of Second Appeal No. 182/2022. As such, the delay of 15 days in filing application for restoration needs to be allowed for the reasons stated in the application. 3.

Accordingly, order passed by Registrar (J) dated 23/06/2022 taking effect on 07/07/2022 is hereby set aside. Registry is directed

14. CAO 661.22 in MCAst 12088.22 in SAst 5908.22 to register Misc. Civil Application (ST.) No. 12088 of 2022 for restoration of Second Appeal.

4.

Accordingly, the application is disposed of.

MISC. CIVIL APPLICATION (ST.) NO. 12088 OF 2022 For the reasons stated in the application, the application is allowed.

2.

The order dated 07/07/2022 passed by Registrar (J) is hereby set aside. Registry is directed to restore Second Appeal (Stamp) No. 5908 of 2022 on its original number.

3.

After registration of Second Appeal, the appellant to remove office objection within two weeks. Accordingly, the application is disposed of.

(Smt. M.S. Jawalkar, J.) B.T.Khapekar