Nivrutti Vithoba Marathe And Others v. Harshad Shashikant Jain And Others

2026:BHC-AUG:8900 910-ca-10344-2025 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10344 OF 2025 IN FA/2172/2023 Nivrutti Vithoba Marathe And Others

VERSUS

Harshad Shashikant Jain And Others ...

Mr. M. M. Bhokarikar, Advocate for Applicants Mr. S. S. Bora, Advocate for Respondent no.1 Mr. A. B. Gatne, Advocate for Respondent no.3

CORAM

: SANJAY A. DESHMUKH, J.

DATED : 27TH FEBRUARY, 2026 PER COURT :- 1.

This is an application for condonation of delay of 221 days caused in filing the application for restoration of Cross Appeal on its original position and for permission to remove the office objections. 2.

Learned Advocate for the applicants pointed out paragraph no.4 of the application stating that the office objections were to be removed as per order dated 20.08.2024, but inadvertently there was some delay in uploading the said order on website. Consequently, the applicants were unable to remove the office objections within the stipulated time. The delay was occurred on account of mistake and oversight.

3.

Upon perusal of the application, it appears that the delay is not deliberately caused and deserves to be condoned in the interest of justice. Hence, the following order:

910-ca-10344-2025 -2ORDER a.

Civil Application is allowed.

b.

Delay of 221 days caused in filing the application for restoration of Cross Appeal on its original position and for permission to remove the office objections is condoned subject to condition that applicants shall remove all the office objections within a period of two weeks.

c.

If all the office objections are not removed on or before 13.03.2026, applicants have to deposit the costs of Rs.2,000/- in the office of Legal Aid Service Authority.

d.

After removal of office objections, cross appeal stamp no.16545 of 2024 be registered.

e.

Civil Application is disposed of.

(SANJAY A. DESHMUKH, J.) Rushikesh/2026