Shankar Krushna Bhujade (Dead), Through His Lrs. Kamlabai Wd/O Shankar Bhujade And Others v. Mohan S/O Sheshrao Bhujade And Others

2025:BHC-NAG:11938 5.cao.999.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.999 OF 2024 IN MISC. CIVIL APPLICATION ST. NO.15013 OF 2024 IN SECOND APPEAL (Rej) ST. NO.25064 OF 2023 Shankar Krushna Bhujade (Since dead) through LRs .Vs. Mohan Sheshrao Bhujade and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. V.S. Sambre, Advocate for applicants/appellants. CORAM : ROHIT W. JOSHI, J.

DATE : 13/11/2025 1.

Registration of Second Appeal St. No.25064 of 2023 was refused on account of failure on the part of the applicants to remove office objections. The applicants have challenged the order dated 04.04.2024 passed by the learned Registrar (Judicial) refusing registration on this count. There is a delay of around 100 days in filing the Miscellaneous Civil Application.

2.

For the reasons mentioned in the civil application and that the office objections could not be removed due to non-communication between the previous advocate of the applicants and the applicants, delay is condoned. Civil Application is allowed. For the reasons above, Miscellaneous Civil Application is allowed. Order dated 04.04.2024, passed by the learned Registrar (Judicial) refusing registration of the second appeal is set aside. Office is directed to register the second appeal.

5.cao.999.2024.odt 3.

The learned Advocate for the applicants states that the appeal needs to be heard on merits due to the fact that warrant for possession is issued by the Executing Court. Therefore, all office objections be removed on or before 15.11.2025.

4.

List the appeal for hearing on admission on 17.11.2025.

(ROHIT W. JOSHI, J.) C.L. Dhakate