Dildas S/O Damaduji Meshram And Others v. Nagorao S/O Dasaramji Meshram And Others

1 9 cao 805-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.805/2022 IN MISC. CIVIL APPLICATION ST. NO.16162/2022 IN SECOND APPEAL ST. NO.6035/2022 (R) Dildas Damaduji Meshram (dead) through Lrs. Smt. Vithabai w/o Dildas Meshram and others Vs.

Nagorao s/o Dashrathji Meshram and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri C.N. Funde, Advocate for appellants CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

16/11/ The present application is filed for condonation of delay in filing application for restoration of Second Appeal St. No.6035/2022 dismissed on 07/07/2022 for non removal of office objections. There is delay of 53 days in filing application for restoration of Second Appeal. 2.

The reason given for delay is that the objections were not notified. In my considered opinion, as per the procedure, the Registrar (Judicial) used to display on notice board that the matter under objections and list is also circulated in the cause list. However, in the interest of justice, I am inclined to allow this application subject to costs of Rs.1000/- to be paid to the Vidarbha Lady Lawyer Association, Nagpur within a period of one week.

2 9 cao 805-2022 3.

As such, the delay is condoned subject to costs as referred above.

4.

The application stands disposed of.

MISC. CIVIL APPLICATION ST. NO.16162/2022 The present application is filed for restoration of Second Appeal St. No.8035/2022. It appears that the Second Appeal is dismissed for want of removal of office objections by the Registrar (Judicial) on 07/07/2022.

2.

For the reason stated in the application, the application is allowed. The order passed by the Registrar (Judicial) on 07/07/2022 in Second Appeal St. No.8035/2022 is hereby set aside.

3.

The Registry is directed to restore the Second Appeal on its original stamp number. After restoration of the same, appellant to remove office objections within two weeks.

4.

The application stands disposed of.

JUDGE R.S. Sahare Signed By:RANJANA SAMEER SAHARE