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Bombay High CourtIA/17/2025allowed

1 Dagadu Dattua Arade v. Dinkar Dhondi Arade

2025-01-07Hon'Ble Ms. Justice Gauri Godse2 pages

26.17.25 ia.docx Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 17 OF 2025 IN SECOND APPEAL ST NO. 22646 OF 2024 Dagadu Dattua Arade .....Applicant Vs.

Dinkar Dondi Arade .....Respondent Mr. Mandar Bagkar a/w Mr. Vishwesh Gadage for the applicant Mr. Shantanu Patil i/b Mr. Abhijit Adagule for respondent CORAM : GAURI GODSE, J.

DATE :

7th JANUARY 2025 ORDER:

1.

This application is for recalling the order dated 11th September IRESH MASHAL 2024 passed by the learned Registrar (Judicial-II) granting conditional Digitally signed by IRESH MASHAL Date:

2025.01.10 10:05:16 +0530 time to remove office objections.

2.

Learned counsel for the applicant submits that there is delay in filing the application, however, inadvertently, prayer for condonation of delay is not made. He further submits that the application explains the reasons and the steps taken by the applicant to restore the second appeal. He therefore, submits that considering the reasons stated in 1/2

26.17.25 ia.docx the application, delay be condoned and the application be allowed. He submits that the objections shall be removed within two weeks from today.

3.

In the facts and circumstances of the case, delay is condoned and the application is allowed subject to advocate for the appellant removing all office objections within three weeks from today. 4.

It is clarified that if objections are not removed within time, present application will stand dismissed. If objections are removed, office is directed to register the second appeal and list it for admission under the caption 'Fresh Admission'.

5.

Interim application is allowed in aforesaid terms. [GAURI GODSE, J.] 2/2