Smt. Fatimabi Wd/O Sk. Habib Qureshi (Dead) And Others v. Smt. Naseebabi Wd/O Noor Mohammad Shaikh And Others

2709 MCA 614 of 2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR MISC. CIVIL APPLICATION (RESTORATION) NO.614/2022 IN SECOND APPEAL ST. NO.11487/2022 (REJECTED) Smt. Fatimabi wd/o Sk. Habib Qureshi (Dead) through Legal Heirs i.e. Appellant No2. and 3 who are already on record) and others ...Versus...

Smt. Naseebabi wd/o Sk. Noor Mohammad Shaikh and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri S.S. Das, Advocate for applicants CORAM : AVINASH G. GHAROTE, J.

DATE : 27/09/2022 1.

The application seeks to set aside the order dated 18/08/2022 by which the registration of second appeal was refused for non-removal of office objections and filing of an application for condonation of delay. The application has since been filed. It is also submitted that since the appellant no.1 has already passed away the proceedings being for partition, her legal representatives are already on record. The order refusing registration of second appeal, for the reasons given in the application, is hereby set aside and the appeal is restored to file, subject to the condition that the objections shall be removed within one week from today.

2709 MCA 614 of 2022.odt 2.

The misc. civil application is allowed and disposed of accordingly. No order as to costs. (AVINASH G. GHAROTE, J.) Wadkar SUKHADEORAO WADKAR