Sau Kirti Ramesh Udasi v. Shri Dwarkadas Ramdas Udasi (Dead)

2025:BHC-NAG:4655 Order 0205cao463.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION [CAO] NO.463/2025 IN MISC. CIVIL APPLICATION ST.NO. 5576/2025 IN SECOND APPEAL ST.

NO. 23337/2023.

Sau. Kirti Ramesh Udasi.

-VERSUS- Dwarkadas Ramdas Udasi [dead] through L.Rs. Smt. Janki Dwarkadas Udasi and others. Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

Shri G.G. Mishra, Advocate for the Applicant. CORAM : ROHIT W. JOSHI, J.

DATE : MAY 02, 2025.

Heard.

2.

Registration of Second Appeal St.No.23337/2023 came to be refused vide order dated 21.03.2024 by the learned Registrar (Judicial) of this Court on account of failure on the part of the appellant to remove office objections. It is stated that after the matter was listed for removal of office objections, steps were taken to remove office objections, however, it was not specifically verified that it is recorded that office objections are properly removed. In that view of the matter the dismissal had occurred on account of Rgd.

Order 0205cao463.25 bonafide act on the part of the Advocate.

3.

Shri Mishra, learned Counsel reiterates that office objections have been removed, but, it is no so reflected due to technical glitch. In that view of the matter, the delay caused in filing the application seeking challenge to the orders passed by the learned Registrar (Judicial) refusing registration of Second Appeal is condoned. Civil Application is accordingly allowed and disposed of.

....

Misc. Civil Application St.No.5576/2025.

For the reasons mentioned above, the order dated 21.03.2024 passed by the learned Registrar (Judicial) refusing registration of Second Appeal is set aside. Office is directed to register the Second Appeal subject to condition that the appellant satisfies it that all office objections are duly removed or in the alternative, removes the office objections on or before 09.05.2025. Misc. Civil Application is accordingly allowed and disposed of.

JUDGE Signed by: R.G. Dhuriya (RGD) Designation: PS To Honourable Judge Date: 05/05/2025 10:32:58 Rgd.