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Bombay High CourtIA/1221/2025allowed

Pandurang Krushna Kadam v. Vasant Waman Kulkarni

2025-02-07Hon'Ble Ms. Justice Gauri Godse2 pages

50-IA-1221-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

MJ Jadhav CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1221 OF 2025 IN SECOND APPEAL (ST) NO. 4126 OF 2021 Digitally signed by MANGALTAI JAYWANT JADHAV Date:

2025.02.12 12:56:47 +0530 MANGALTAI JAYWANT JADHAV Pandurang Krushna Kadam ... Applicant vs.

Vasant Waman Kulkarni and Ors.

... Respondents Mr. Shubham Vasekar i/b Abhay Jadhavar for the Applicant. CORAM : GAURI GODSE, J.

DATED : 7th FEBRUARY 2025 ORDER:

INTERIM APPLICATION NO. 1221 OF 2025 :

1.

This application is for restoration of the second appeal with a prayer to condone the delay and recall order dated 28th March 2022 passed by the learned Registrar (Judicial-II). The objections were not removed within conditional time, hence, the second appeal is registered as rejected case.

2.

Learned counsel for the applicant submits that when the conditional order was passed, the respondents were not represented. He further submits that all the office objections shall be removed within four weeks from today.

50-IA-1221-2025.doc 3.

In the facts and circumstances of the case, delay is condoned and the application is allowed in terms of prayer clauses (a) and (c), subject to the learned advocate for the appellant removing all the office objections within four weeks from today. 4.

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