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Bombay High CourtCAO/1030/2022delay condonatedrejected

Janardhan S/O Dhanu Dhobey Through P.O.A. Shri Sushil Janardhan Dhobey v. Maroti S/O Dhanu Dhobey (Dead) Through Lrs. Smt. Shobha Maroti Dhobey And Others

2022-12-12Hon'Ble Smt. Justice M. S. Jawalkar2 pages

1 12 cao 1030-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.1030/2022 IN MISC. CIVIL APPLICATION ST. NO.18920/2022 (RESTORATION) IN MISC. CIVIL APPLICATION ST. NO.11857/2022(D) IN SECOND APPEAL ST. NO.7694/2022(D) Janardhan s/o Dhanu Dhobey Vs.

Maroti s/o Dhanu Dhobey (d) through Lrs Smt. Shobha Maroti Dhobey 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.N. Choudhari, Advocate h/f Shri O.R. Deshpande, Advocate for appellants CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

12/12/ The present application is filed for condonation of delay in filing restoration application of Second Appeal. The reason stated in the application is that the learned Counsel inadvertently failed to take note and was under impression that Misc. Civil Application is pending. The application is supported by affidavit of Advocate. In view thereof, the delay is hereby condoned subject to costs of Rs.2000/- to the High Court Bar Library within a period of one week. 2.

The Registry is directed to register the Misc. Civil Application.

MISC. CIVIL APPLICATION ST. NO.18920/2022 The present application is filed for restoration of Misc. Civil Application St. No.11857/2022 which

2 12 cao 1030-2022 was dismissed on 26/09/2022 which was filed for restoration of Second Appeal St. No.7694/2022 which was dismissed on 14/07/2022.

2.

For the reasons stated in the application that due to inadvertent mistake on the part of Advocate, the application is dismissed for want of removal of office objection, this application is allowed. The order passed by the Registrar (Judicial) on 26/09/2022 is hereby set aside.

3.

The Registry is directed to register Misc. Civil Application No.11857/2022 on its stamp number. JUDGE R.S. Sahare Signed By:RANJANA SAMEER SAHARE