Mukesh S/O. Shaligram Babre And Others v. Gopal S/O. Kisanrao Behare And Others

2025:BHC-NAG:9682 1 6. CAO 1095 of 2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAO) NO.1095 OF 2025 IN MISC. CIVIL APPLICATION (STAMP) NO.20927 OF 2025 MUKESH S/O. SHALIGRAM BABRE AND OTHERS

VERSUS

GOPAL S/O. KISANRAO BEHARE AND OTHERS Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Ms. Chetna Kurwade, Advocate for Applicants.

CORAM : PRAFULLA S. KHUBALKAR, J.

DATED : 24th SEPTEMBER 2025 1.

Heard learned Advocate for the applicants.

2.

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

Learned Advocate for the applicants submits that after the petition was filed, the objections could not be removed as same were not marked by the concerned clerk and resultantly, registration was refused. The applicants desire to contest the petition on merits and therefore, request for condonation of delay so that the restoration application can be considered. It is submitted that the delay in filing the restoration application is 25 days, which occurred since the applicants were not aware about the refusal of registration and the delay is unintentional.

2 6. CAO 1095 of 2025.odt 4.

Having regard to the contents of the application and submissions advanced, the delay of 25 days in filing the restoration application is condoned.

5.

Accordingly, the civil application is disposed of. MISC. CIVIL APPLICATION (STAMP) NO.20927 OF 2025 6.

This is an application for restoration of writ petition, which is dismissed in default by order dated 28.07.2025, for non removal of office objections within stipulated period. 7.

Learned Advocate for the applicants submits that the applicants are ready to remove the office objections so that the petition can be registered and decided on merits. 8.

Having regard to the reasons mentioned in the application, the application for restoration of writ petition is allowed. The order dated 28.07.2025, passed by the Registrar (Judicial), is quashed and set-aside. The applicants are directed to remove the office objections within a period of two weeks. On removal of the office objections, the writ petition be restored. 9.

Accordingly, the miscellaneous civil application is disposed of.

(PRAFULLA S. KHUBALKAR, J.) asd