Santosh Ramniwas Zarodiya And ORS v. Bhagirath Jaynarayan Boob
2025:BHC-NAG:3987 1 906-CAO-127-2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION (CAO) NO. 127 OF 2025 AND MCA ST. NO. 1675 OF 2025 IN SECOND APPEAL ST. NO. 9880 OF 2023 (D) SANTOSH RAMNIWAS ZARODIYA AND OTHERS Vrs.
BHAGIRATH JAYANARAYAN BOOB THROUGH POWER OF ATTORNEY BHAGWANDAS JAYNARAYAN BOOB -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri A. R. Ingole, Advocate for applicants/appellants. CORAM: ROHIT W. JOSHI, J.
DATE : 16/04/2025.
1.
The registration of Second Appeal ST.No.9880/2023 came to be refused vide order dated 06/07/2023 passed by the learned Registrar (Judicial) on account of failure on the part of the appellants to remove office objections in Second Appeal.
2.
The appellants in Second Appeal have filed revision challenging the order dated 06/07/2023 passed by learned Registrar (Judicial). However, there is delay of 520 days in filing revision application for which the present application is filed seeking condonation of delay. 3.
It is stated that the appellants could not collect the certified copies of the impugned Judgments and Decrees, as a consequence of which the office objections could not be removed and the registration of appeal was refused.
2 906-CAO-127-2025.odt 4.
It is stated that the appellants got knowledge about the refusal of registration of Second Appeal in January, 2025 on receiving notice from the Executing Court. 5.
Having regard to the reasons mentioned in the application, delay in filing application for challenging the order dated 06/07/2023 deserves to be condoned, subject to costs of Rs.5,000/- to be paid to M/s The High Court Gazetted Officers Association, Nagpur.
6.
For the reasons mentioned in the application, the revision application is allowed.
7.
The order dated 06/07/2023 passed by learned Registrar (Judicial) refusing registration of appeal is set aside on the condition that the appellants shall remove all office objections within a period of one week from today. 8.
Both the applications are allowed and disposed of.
9.
In the event, office objections are not removed within period of one week from today, the order passed by the learned Registrar (Judicial) shall stand revived. 10.
List the appeal for hearing at the stage of admission on 24/04/2025.
[ROHIT W. JOSHI, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 17/04/2025 18:50:02