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Bombay High CourtCAO/1055/2022allowed

Ramaji S/O Janbaji Kinnake (Dead) Through Lrs. Ashok S/O Ramaji Kinnake And Others v. Mahadeo S/O Bapurao Kinnake And Another

2022-12-21Hon'Ble Smt. Justice M. S. Jawalkar2 pages

1 9 cao 1055-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.1055/2022 IN MISC. CIVIL APPLICATION ST. NO.20689/2022 Ramaji s/o Janbaji Kinnake (Dead) through Lrs Ashok s/o Ramaji Kinnake and others Vs.

Mahadeo s/o Bapurao Kinnake and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.S. Kadam, Advocate for appellants CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

21/12/ The present application is filed for condonation of delay in filing Misc. Civil Application. It appears that there is 27 days delay in filing application. The appeal was dismissed for want of removal of office objections.

2.

For the reasons stated in the application, the application is allowed.

3.

The delay in filing application is hereby condoned.

4.

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

5.

The application stands disposed of accordingly.

MISC. CIVIL APPLICATION ST. NO.20689/2022 1.

The present application is filed for restoration of Second Appeal St. No.14758/2022 which was

2 9 cao 1055-2022 dismissed in default vide order dated 09/11/2022. Due to inadvertent mistake, the matter was not noted and same was dismissed at the first instance only. The Second Appeal was dismissed for non removal of office objections.

2.

For the reasons stated in the application, the application is allowed.

3.

The order dated 09/11/2022 filed by Registrar (Judicial) is hereby set aside.

4.

The Registry is directed to restore the second appeal on its original stamp number.

5.

After registration of the same, the appellant to remove office objections within one week.

JUDGE R.S. Sahare Signed By:RANJANA SAMEER SAHARE