Madhav Sitaram Mule v. Azam Chand Sayyad Died Thr Legal Representatives Amjadbee Azam Sayyed And Others

2025:BHC-AUG:16439 1 of 2 935-CA.3793.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 935 CIVIL APPLICATION NO. 3793 OF 2025 IN SAST/33427/2024 MADHAV SITARAM MULE

VERSUS

AZAM CHAND SAYYAD DIED THR LEGAL REPRESENTATIVES AMJADBEE AZAM SAYYED AND OTHERS ...

Shrikant Baburao Madde, Advocate for Applicant. ...

CORAM :

PRAFULLA S. KHUBALKAR, J.

DATE :

26th JUNE, 2025 P.C.:- CIVIL APPLICATION NO. 3793 OF 2025:- 1.

This is an application for setting aside order dated 29th January 2025 passed by the Registrar refusing registration of the second appeal on account of failure of the Applicant to remove office objections.

2.

Heard learned Advocate for the Applicant.

3.

He submits that Second Appeal (Stamp) No.33247 of 2024 was filed, however, the objections could not be removed, since the matter was filed by way of E-filing and there was requirement of submitting certain typed documents. He submits that now the Applicant is ready to remove the office objections within four weeks from today, if the second appeal is restored.

2 of 2 935-CA.3793.2025 4.

Considering the fact that second appeal itself was never registered and the registration came to be refused on account of failure to remove office objections. The instant application needs to be allowed. The delay of 30 days caused in filing the application for restoration is condoned, subject to cost of Rs.2,000/- to be paid with the Bar Library of the Advocates' Association of Bombay High Court, Bench at Aurangabad within two weeks from today. 5.

The order dated 29th January 2025 passed by the Registrar is set aside. Applicant to remove office objections within four weeks from today. On removal of office objections, second appeal be registered to its original number.

(PRAFULLA S. KHUBALKAR, J.) Tauseef