Sangita Wd/O Rajendra Upase And 2 Others v. Narendra S/O Pralhad Sarad And Another

(1) 35.cao.211.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.211 OF 2023 IN MISC. CIVIL APPLICATION STAMP NO.15926 OF 2022 IN FIRST APPEAL STAMP NO.20451 OF 2018 Sangita wd/o Rajendra Upase and others Vs.

Narendra s/o Pralhad Sarad and another ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Ms. Aastha Sharma, Advocate h/f Mr. P. R. Agrawal, Advocate for appellants. CORAM :

URMILA JOSHI-PHALKE, J.

DATED : 15/02/2023 1.

By this application appellants are seeking condonation of delay which is caused in filing the application for restoration of the appeal, as appeal is dismissed at the registration stage. It is apparent that the Registrar (Judicial) has rejected the registration of the appeal as appellants have not removed the office objections though conditional order was passed. It is submitted by learned Advocate Ms. Sharma that the office objections are not noted by the Counsel, and therefore it was not removed, and therefore delay is caused.

2.

Heard. Perused the application.

3.

It is apparent that conditional order was passed, but office objections are not removed as

(2) 35.cao.211.2023 inadvertently it was not noted by the learned counsel. 4.

Considering the reason mentioned in the application, delay of 555 days is condoned, subject to the cost of Rs.500/- to be deposited with the High Court Legal Services Sub-Committee, Nagpur and on waiver of the interest for the delayed period, if appellants succeed in getting enhancement of the compensation.

5.

Civil Application is disposed of.

MISC. CIVIL APPLICATION STAMP NO.15926 OF 2022 1.

On removal of the office objections within two weeks, the First Appeal Stamp is restored to its original file.

2.

Misc. Civil Application is disposed of.

(URMILA JOSHI-PHALKE, J.) Sarkate SARKATE 11:19