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Bombay High CourtCAO/1002/2022ca disposed off

Smt. Shantabai Wd/O Siddarth Chahande And Others v. Smt. Satyafulabai Wd/O Siddarth Chahande And Others

2025-01-29Hon'Ble Shri Justice M. W. Chandwani2 pages

2025:BHC-NAG:871 11 cao1002.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NO.1002 OF 2022 AND MISC. CIVIL APPLICATION ST. NO.13931 OF 2022 IN SECOND APPEAL ST NO.13695 OF 2021 (D) Smt. Shantabi Wd/o Siddarth Chahande & Ors.

Vs.

Smt. Satyafulabai Wd/o Siddarth Chahande & Ors. __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri R.D. Hajare, Advocate (appointed) for appellants. Ms Payal Kaware, Advocate for respondent nos.1 to 3. Shri A.M. Kukday, Advocate for respondent no.4. CORAM : M.W. CHANDWANI, J.

DATE : 29.01.2025.

1.

Heard.

2.

By these applications, the applicants are seeking condonation of delay in preferring the application for restoration and restoration of appeal which has been dismissed for non-removal of office objections. 3.

The contention is that due to oversight of the office clerk of the counsel the office objections could not remove within stipulated time and therefore, the appeal came to be dismissed.

4.

The applications are objected on the ground that the office objections ought to have been removed within seven days and considering the period of delay the application should be rejected.

11 cao1002.22.odt 5.

Having heard the learned counsel for the appellant as well as learned counsel for the respondent and having gone through the reasons mentioned in the applications, delay of 109 days in filing the application for restoration application is condoned and appeal is restored to the file. Appellant to remove office objections within two weeks from today. 6.

Both applications stand disposed of.

JUDGE Wagh