Sonaba Baburao Kadam And ORS v. Jagannath Tatya Parit(Since Decd. Thr. Lrs) Dilip Jagannath Parit And ORS.

by VARSHA VIJAY RAJGURU Date:

2024.12.05 15:06:57 +0530 VARSHA VIJAY RAJGURU 67-ia-13800-2023-rc-355-2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 13800 OF 2023 IN REJECTED CASE NO. 355 OF 2020 Sonaba Baburao Kadam and Ors ... Applicants vs.

Jagannath Tatya Parit (since decd thr. Lrs) Dilip Jagannath Parit and Ors ... Respondents Mr. Sumit Kate h/f. Mr. Uday P. Warunjikar, for Applicants. CORAM : GAURI GODSE, J.

DATED : 3rd DECEMBER 2024 ORDER:

INTERIM APPLICATION NO. 13800 OF 2023 .

1.

This application is for restoration of the second appeal with a prayer to recall the conditional order passed by the learned Registrar (Judicial-II). There is delay in filing the application. 2.

Learned counsel for the applicants submits that the reasons for the delay and for not taking steps within time are explained in the application. He further submits that when the conditional order was Page no. 1 of 2

67-ia-13800-2023-rc-355-2020.doc passed, the respondent were not represented in the second appeal. 3.

In the facts and circumstances of the case, delay is condoned and the application is allowed in terms of prayer clauses (a) and (b), subject to learned advocate for the applicants remove all office objections within six weeks from today.

4.

If the objections are removed, office is directed to register the second appeal and list it for admission under the caption for 'fresh admission'.

(GAURI GODSE, J.) Page no. 2 of 2