Dilip Wamanrao Kankale v. Angat Sahebrao Bajare

2025:BHC-NAG:9420 1 11. CAO 1074 of 2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAO) NO.1074 OF 2025 IN MISC. CIVIL APPLICATION (STAMP) NO.19538 OF 2025 DILIP WAMANRAO KANKALE

VERSUS

ANGAT SAHEBRAO BAJARE Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. V.A. Lohia, Advocate for Applicant.

CORAM : PRAFULLA S. KHUBALKAR, J.

DATED : 19th SEPTEMBER 2025 1.

Heard learned Advocate for the applicant.

2.

This is an application for condonation of delay in filing the application for restoration of writ petition, of which registration was refused for failure to remove the office objections. 3.

Learned Advocate for the applicant states that the applicant wants to prosecute the petition, thereby challenge to the order dated 21.10.2024, passed by the learned Trial Court, rejecting the application for amendment of plaint. He submits that there is delay of 147 days. He submits that the delay is unintentional and needs to be condoned.

4.

Having regards to the contents of the application and submissions advanced, the delay of 147 days is condoned, however, subject to costs of Rs.2,500/- (Rupees Two Thousand Five Hundred Only), to be paid to the High Court Bar Association Library, Nagpur, within a period of two weeks from today.

2 11. CAO 1074 of 2025.odt 5.

Accordingly, the civil application is disposed of. MISC. CIVIL APPLICATION (STAMP) NO.19538 OF 2025 6.

This is an application for restoration of writ petition, which is dismissed in default by order dated 10.03.2025, for non removal of office objections within stipulated period. 7.

Learned Advocate for the applicant submits that the applicant wants to contest the petition on merits and same needs to be restored.

8.

Having regard to the reasons mentioned in the application, the civil application for restoration of writ petition is allowed. The order dated 10.03.2025, passed by the Registrar (Judicial), is quashed and set-aside. The applicant is directed to remove the office objections within a period of two weeks. Thereupon, the writ petition be restored.

9.

Accordingly, the miscellaneous civil application is disposed of.

(PRAFULLA S. KHUBALKAR, J.) asd