Jarichand Bhanudas Mane v. Madan Chandrasen Mane And ORS

2026:BHC-AUG:1403 1 912.CA-12086-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12086 OF 2025 IN SAST/16580/2022 JARICHAND BHANUDAS MANE

VERSUS

MADAN CHANDRASEN MANE AND ORS ...

Advocate for Applicant : Mr. Sonwane Sandip Pralhad ...

CORAM : MEHROZ K. PATHAN, J.

DATE : 14th JANUARY, 2026 PER COURT :

1.

The present application is filed by the Applicant seeking condonation of delay of 1028 days in filing the application for restoration, and further seeking restoration of the Second Appeal to its original position. The Registrar, by conditional order dated 10.08.2022, directed removal of office objections within a period of two weeks, failing which the registration of the appeal shall stand automatically refused without any further reference to the Court or the Registrar (Judicial).

.

The Applicant has stated in the application that the due to oversight, the said conditional order could not be taken note of by the learned Counsel for the Appellant, and as such, the office objections could not be removed within the stipulated period of two weeks from the order dated 10.08.2022. The delay is neither intentional nor deliberate, and hence the same may be condoned.

2 912.CA-12086-2025.doc 2.

Thus, taking into consideration the aforesaid submissions and for the reasons stated in the application, the application is allowed and the delay of 1028 days in filing the restoration application is condoned. The Appeal is restored to its original position, subject to the condition that the Appellant shall deposit a cost of Rs.5,000/- within one week in the High Court Bar Association Library. The Appellant shall thereafter remove the office objections within two weeks.

3.

After removal of the office objections, the Second Appeal shall be listed for admission in due course.

4.

The Civil Application is disposed of accordingly. MEHROZ K. PATHAN JUDGE NAJEEB..