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Bombay High CourtCAO/910/2022allowed

Rajesh S/O Haribhau Jawanjalkar v. Shri Prabhu S/O Shambhudayal Sharma And Others

2022-11-22Hon'Ble Smt. Justice M. S. Jawalkar2 pages

1 910 cao 910-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.910/2022 IN MISC. CIVIL APPLICATION (MCA) ST. NO.17129/2022 IN SECOND APPEAL ST. NO.529/2021(D) Rajesh s/o Haribhau Jawanjalkar Vs.

Shri Prabu s/o Shambhudayal Sharma and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.P. Dixit, Advocate for appellant CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

22/11/ The present application is filed for condonation of delay in filing restoration application. The Second Appeal is dismissed in default by order of the Registrar (Judicial) for non removal of office objections.

2.

It appears that sufficient time was granted by the learned Registrar to remove office objections. However, in the interest of justice, the delay is hereby condoned.

3.

For the reasons stated in the application, the application is allowed, subject to payment of costs of Rs.3000/- to the Library of High Court Bar Association, within a period of one week from today. MISC. CIVIL APPLICATION ST. NO.17129/2022 It is submitted by learned Counsel for

2 910 cao 910-2022 appellant that due to inadvertent mistake on the part of advocate, the office objections could not be removed.

2.

For the reasons stated in the application, the application for setting aside the order passed by learned Registrar (Judicial) dated 24/02/2022 in Second Appeal St. No.529/2021 is allowed.

3.

The Registry is directed to register the Second Appeal on its original stamp number.

4.

After registration of the same, the appellant to remove office objections, within two weeks. JUDGE R.S. Sahare Signed By:RANJANA SAMEER SAHARE