Popat Mahadeo Dhone And ORS v. Bhalchandra Rajaram And ORS

Digitally signed by HEMANT CHANDERSEN SHIV Date:

2024.10.23 10:59:49 +0530 HEMANT CHANDERSEN SHIV H.C. SHIV 16.ia13875.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.13875 OF 2024 WITH APPEAL FROM ORDER NO.237 OF 2021 Popat Mahadeo Dhone & Ors.

...Applicants In the matter between Popat Mahadeo Dhone & Ors.

...Appellants vs.

Bhalchandra Rajaram Dhone & Ors.

...Respondents

Mr. Onkar Gawade for the Applicants.

CORAM : SHYAM C. CHANDAK, J.

DATED : 17th OCTOBER, 2024 P. C. :

.

Heard learned Counsel for the Applicants. Perused the Application.

2) This Application is seeking for condonation of 2 months and 5 days delay in filing this Application. Further, the Application seeks for quashing and setting aside of the Order dated 18th June 2024, passed by the Registrar (Judicial-II) and restoration of the aforesaid Appeal. No proper reason/ground is made out to condone the delay, however, 1/2

H.C. SHIV 16.ia13875.24.doc the delay is not huge. No advantage is gained by the Applicants/Appellants on account of the said delay. Learned Counsel for the Appellant, on instructions, stated that Appellant is ready to pay a reasonable costs.

3) In view thereof, the Application deserves to be allowed. Hence, following Order :-

ORDER

(a) Interim Application is allowed subject to payment of the cost of Rs.2,000/-.

(b) The costs be paid to Kirtikar Law Library within a period of two weeks from the date of uploading of this Order. (c) The Appeal shall stand restored along with ad-interim relief, if any granted earlier. The office objections shall be removed within two weeks from today.

[SHYAM C. CHANDAK, J.] 2/2