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Bombay High CourtCAO/1511/2024ca disposed off

Smt Sheela Janraoji Dharmale And Others. v. Ram Ashraya Shatanki Chavan And Others.

2024-12-10Hon'Ble Shri Justice Sanjay Anandrao Deshmukh2 pages

2024:BHC-NAG:13412 25.cao.1511.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.1511 OF 2024 IN MCA ST. NO.23043 OF 2024 IN FIRST APPEAL NO.589 OF 2008 (D) Smt. Sheela Janraoji Dharmale & Ors. .Vs. Ramashraya Shatanki Chavan & Ors. Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms H. Verma, Adv. h/f Shri P.R. Agrawal, Adv. for appellants/applicants. CORAM : SANJAY A. DESHMUKH, J.

DATED : 10/12/2024 1.

This is an application for condonation of delay of 3038 days caused for filing application for restoration of the first appeal.

2.

Heard learned advocate for the applicants.

3.

Perused the application.

4.

The learned advocate for the applicants submits that she is ready to remove office objections in the paper book within ten days. It appears that delay is not deliberately caused however, because of illiteracy of applicants and non-pursuing by the earlier advocate for the applicants, the application deserves to be allowed in the interest of justice. Application is allowed. Delay of 3038 days caused for filing application for restoration is condoned subject to condition of removal of office objections within ten days.

25.cao.1511.24.odt 5.

It is clarified that, if the office objections are not removed within ten days, the application shall be deemed to be rejected without further orders. 6.

Application is disposed.

MISC. CIVIL APPLICATION (ST.) NO.23043 OF 2024 1.

This is an application for restoration of first appeal.

2.

Considering reasons stated in the application and submission of learned advocate for the applicants that office objections can be removed within 10 days, the application deserves to be allowed in the interest of justice. The application is allowed.

3.

It is clarified that, if the office objections are not removed within 10 days, the application shall be deemed to be rejected without further orders. 4.

Application is disposed.

(SANJAY A. DESHMUKH, J.) C.L. Dhakate