Anil S/O Bhagaji Hiwale v. Smt. Darabai Vishwanath Bramhande (Dead) Thr. Lrs. Supadabai Madhukar Sonone And Others

1 / 2 11-CAO 788.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (O) NO. 788 OF 2022 IN M.C.A. (St.) NO. 16317 OF 2022 IN SECOND APPEAL (St.) NO. 9539 OF 2022 (REJECTED) Anil S/o Bhagaji Hiwale vs.

Smt. Darabai Vishwanath Bramhande (dead) through LRs and others ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court'

s or Judge'

s Orders.

or directions and Registrar'

s orders.

---------------------------------------------------------------------------------------------- Mr.Tejas Deshpande, Advocate and Mr.Shashikant Nagrale, Advocate for applicant.

CORAM :

SMT. M. S. JAWALKAR J.

DATE : 12/10/2022 CIVIL APPLICATION (O) NO. 788 OF 2022 This is an application seeking condonation of delay in filing the restoration application.

2.

The learned counsel for the applicant submits that the registration of Second Appeal was refused by the Registrar (Judicial) for want of removal of office objections. It is further submitted that inadvertently, it is not noticed that there is a KOLHE

2 / 2 11-CAO 788.2022 conditional order and hence delay is caused in filing the same.

3.

For the reasons stated in the application, the delay in filing the application for restoration is hereby condoned.

4.

Application is disposed of.

M.C.A. (S) (STAMP) NO. 16317 OF 2022 This is an application for restoration of Second Appeal.

2.

For the reasons stated in the application and in the interest of justice, the application is allowed. The order dated 18/08/2022, passed by Registrar (Judicial) is hereby set aside. The Registry is directed to register the Second Appeal on its original Stamp Number.

3.

Application is disposed of.

JUDGE CHANDRAKANT KOLHE 10:35 KOLHE