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Bombay High CourtCAO/1210/2023allowed

Subhash Bapurao Yeolekar v. Raju Dnyaneshwar Gafat And Others

2023-10-04Hon'Ble Smt. Justice M. S. Jawalkar2 pages

13 cao 1210-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAO) NO. 1210/2023 IN MISC. CIVIL APPLICATION STAMP NO. 18643/2023 IN SECOND APPEAL STAMP NO. 5656/2023 Subhash Bapurao Yeolekar Vs.

Raju Dnyaneshwar Gafat 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 P.A. Dharaskar, Advocate for applicant CORAM : SMT. M.S. JAWALKAR, J.

DATE : 04/10/2023 Present application is filed for condonation of delay in filing restoration application. There is delay of 34 days. It appears that matter was listed before the Registrar (Judicial), as there were objections. Fourteen days time was granted to remove office objections vide order dated 06/07/2023. As such, period was expired on 21/07/2023. As counsel for appellant was not aware about passing of the conditional order dated 06/07/2023, the office objections remained to be removed. This fact came to the knowledge when matter was circulated by the counsel.

Jayashree..

13 cao 1210-2023.odt 2.

Application is supported by the affidavit of learned counsel. As such, I am inclined to allow the application.

3.

Accordingly, the application is allowed.

4.

Delay in filing application for restoration is hereby condoned.

5.

Registry is directed to register Misc. Civil Application.

MISC. CIVIL APPLICATION STAMP NO. 18643/2023 Present application is filed for restoration of Second Appeal Stamp No. 5656/2023, registration of which was refused by the Registrar (Judicial), for want of removal of office objections.

2.

For the reasons stated in the application, order passed by learned Registrar (Judicial) dated 06/07/2022, is hereby set aside.

3.

The Registry is directed to register Second Appeal Stamp No. 5656/2023, to it's original number. 4.

After restoration of the same, appellant to remove office objections within two weeks.

5.

Application stands disposed of.

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