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Bombay High CourtCAO/1476/2023disposed off

Charandas S/O Laxman Bibe v. Shyamrao S/O Laxman Bibe (Dead) Thr. Lrs. Baban S/O Laxman Bibe And Others

2023-12-21Hon'Ble Smt. Justice M. S. Jawalkar2 pages

1 10 cao 1476-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.1476/2023 IN MISC. CIVIL APPLICATION ST. NO.19622/2023 IN SECOND APPEAL ST. NO.18801/2022(REJECTED) Charandas s/o Laxman Bibe Vs.

Shyamrao s/o Laxman Bibe 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 A.S. Dhore, Advocate for appellant CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

21/12/ The present application is filed for condonation of delay in filing application for restoration of Second Appeal (st.) No.18801/2022. There is delay of 244 days.

2.

It appears that the matter was notified for removal of office objections. Since the Counsel for the appellant had failed to notice the conditional order passed by Registrar (Judicial), the objections could not be removed and hence, the Registrar (Judicial) was pleased to refuse the registration and accordingly, the matter was dismissed.

3.

I am satisfied that there is justifiable reason for not removing of office objections. However, as

2 10 cao 1476-2023 no due diligence is shown, the application is allowed, subject to costs. Delay in filing application for restoration of Second Appeal (St.) is hereby condoned, subject to costs of Rs.2,000/- to be paid to Vidarbha Lady Lawyers' Association within a period of two weeks.

4.

Registry is directed to register the restoration application bearing MCA (St.) No.19622/2023.

5.

Accordingly, the application stands disposed of.

MISC. CIVIL APPLICATION (ST.) NO.19622/2023 1.

For the reasons stated in the application, the application is allowed. The order passed by the Registrar (Judicial) dated 05/01/2023 is hereby set aside.

2.

The Registry is directed to restore the Second Appeal (St.) No.18801/2022 after deposit of costs as directed above in CAO No.1476/2023. 3.

Accordingly, the application stands disposed of.

JUDGE R.S. Sahare