Nathuram Marya Shedge v. Parshuram Marya Shedge

77.13100.24 ia.docx Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 13100 OF 2024 IN SECOND APPEAL ST NO. 1732 OF 2022 Nathuram Marya Shedge .....Applicant Vs.

Parshuram Marya Shedge and ors .....Respondents Mr. Sujay H. Gangal advocate for the applicant CORAM : GAURI GODSE, J.

DATE :

1st OCTOBER 2024 ORDER:

1.

This application is for restoration of the second appeal recalling the conditional order granting time to remove office objections. There is delay in filing the application.

2.

Learned counsel for the applicant submits that the reasons for the delay and the reasons for not removing office objections in time are explained in paragraph nos. 4 to 6 of the application. IRESH MASHAL by IRESH MASHAL Date:

2024.10.04 12:50:17 +0530 3.

I have perused the application. The reasons are not acceptable. 1/2

77.13100.24 ia.docx Learned counsel for the applicant orally submits that it was an inadvertent mistake on the part of the applicant in not following up the matter. He further submits that substantial rights of the applicant would be affected, if delay is not condoned. He further submits that he will remove all office objections within two weeks from today. 4.

In view of the oral submissions made on behalf of the applicant, delay is condoned and the application is allowed in terms of prayer clauses (a) and (b) subject to learned advocate for the applicant removing all office objections within six weeks from today. 5.

It is clarified that if objections are not removed within time, present application will stand dismissed without further reference to the Court.

6.

If the objections are removed, office is directed to register the second appeal and list it for admission on 6th January 2025. [GAURI GODSE, J.] 2/2