Saistabegum W/O Akbar Ali v. Rajkumar S/O Asaramji Mundle And Others

9 cao 752-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAO) NO. 752/2022 IN MISC. CIVIL APPLICATION (MCA) STAMP NO. 14662/2022 Saistabegum W/o Akbar Ali Vs.

Rajkumar S/o Asaramji Mundle 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 A.P.J.P. Dubey, Advocate for appellant CORAM : SMT. M.S. JAWALKAR, J.

DATE : 19/10/2022 Present application is filed for condonation of delay in filing application for restoration of second appeal. It appears that there is 33 days delay in filing application. The registration was refused for non removal of office objections. The reason given is that Counsel for appellant was out of station when the order came to be passed. It is submitted that due to inadvertent mistake, the office objection could not be removed.

2.

For the reasons stated in the application, the application is allowed. Delay in filing restoration application is hereby condoned, subject to costs of Rs.1000/- to be paid within two weeks to the High Court Bar Association Library.

3.

The application is disposed of.

9 cao 752-2022.odt M ISC. CIVIL APPLICATION STAMP NO.

14662/ It appears that the second appeal was dismissed by the order of Registrar (Judicial) dated 21/07/2022, which was conditional one and office objection was to be removed within fourteen days. The reason put forth for non removal of office objection was that the learned counsel was out of station and inadvertently it is remained to be removed. The office objection about certified copies can be removed after restoration of second appeal. As such, application is allowed.

2.

Registrar (Judicial) is directed to restore the second appeal on its stamp number.

3.

The appellant to remove office objection after restoration of second appeal on its original number within two weeks.

4.

List the matter on 15/11/2022.

(SMT. M.S. JAWALKAR, J.) Jayashree..

Signed By:JAYASHREE SHARAD SHINGNE