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Bombay High CourtCAO/1872/2018admittedallwdgrantedrule absolute

Chintaman S/O Harichand Neware v. Smt. Jankibai W/O Godad Neware (Deceased) Deleted And Others

2019-03-06Hon'Ble Mrs. Justice Swapna Joshi2 pages

06.03.CAO.1872.18

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (0) NO.1872/2018 IN MISC. CIVIL APPLICATION (ST) NO.20186/2018 IN RC NO.405/18 IN SECOND APPEAL (ST) NO.2754/2018 (Chintaman s/o Harishchandra Neware vs. Smt.Jankibai w/o Godad Neware and others) ...........................

............................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Mr. H.R.Gadhia, Adv. for appellant/applicant None for respondents CORAM : MRS.SWAPNA JOSHI, J.

DATED : 6th March, 2019.

This is an Application seeking condonation of delay of 141 days in filing restoration/revision application. Heard learned counsel for the applicant. Perused the contents of the Application.

For the reasons mentioned in the Application, I am satisfied that the delay is properly explained and sufficient ground is made out for condoning the delay.

In view thereof, the delay of 141 days in filing the restoration /revision application is condoned, subject to payment of costs of Rs. 500/- to be deposited with Vidarbha Lady lawyers' Association, Nagpur. The Civil Application is allowed and disposed of.

MCA. (ST) 20186/2018 The applicant/appellant has filed the instant Application for restoration of Second Appeal by setting aside the order dated

06.03.CAO.1872.18 22.03.2018 passed by Registrar (J) of this Court. Learned counsel for the applicant submits that as the office objections were not removed, the Registrar (J) has refused registration of Second Appeal. He further submits that the objections are already removed.

For the reasons enumerated in the Application, the Misc. Civil Application is allowed. The order dated 22.03.2018 passed by learned Registrar of this Court is set aside. Second Appeal (St) No. 20186/2018 is restored to its original position. JUDGE sahare