Nandram Soma Nagdeve (Dead) Thr His Lrs v. Shriram Buddha Nagdeve (Dead) Thr His Lrs
5..odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO.851 OF 2025 IN MISC. CIVIL APPLICATION (RESTO) NO.911 OF 2025 IN SECOND APPEAL ST.
NO.611 OF 2004 (D) Nandram Soma Nagdeve (Dead) thru. Suresh Vs. Shriram S/o Buddha Nagdeve (Dead) thru. Ashoka Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms. Tejal Agre, Advocate for applicants/appellants CORAM : ROHIT W. JOSHI, J.
DATE : 16.12.2025.
.
This is an application seeking recall of order dated 06.06.2023 by virtue of which appellant/applicant was permitted to withdraw civil application Nos.123, 124, 125 and 126 of 2023.
2.
The learned Advocate for the appellant states that in fact Civil Application Nos.123 and 124 of 2023 were not to be withdrawn. She states that civil application Nos.125 and 126 of 2023 were to be withdrawn since they were for bringing legal representatives of deceased respondent No.1 on record although they were already on record.
3.
In view of the above, civil application is allowed in terms of prayer clause i and ii which read as under:- "i.
Be pleased to Recall the order dated 06.06.2023 passed by this Hon'ble Court to the extent of withdrawal of Civil Application Nos.123 and 124;
5..odt ii. In furtherance may be pleased to Restore Civil Application Nos.123 and 124 to their original file for adjudication on merits;"
MISC. CIVIL APPLICATION (RESTO) NO.911 OF 2025 .
Vide order dated 23.09.2025, notice was ordered to be issued in Civil Application (CAS) No.1050 of 2025, which is an application seeking condonation of delay in filing Misc. Civil Application St No. 15065 of 2025.
2.
The order indicates that in the event, the application for condonation of delay is allowed, separate notice will not be issued in the Misc. Civil Application. 3.
The office has wrongly recorded that Civil Application No.1050 of 2025 was allowed vide order dated 23.09.2025. The said application is pending. Office to take note and take appropriate steps. Stand over to 16.01.2026.
(ROHIT W. JOSHI, J.) Tanmay...