Krushnarao Sarode (Dead) Thr Lrs v. State Of Maharashtra Through Collector, Wardha Others

2026:BHC-NAG:161 1 40-CAO-1127-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION NO.1127 OF 2025 IN MISC. CIVIL APPLICATION (ST.) NO.3175 OF 2025 IN FIRST APPEAL (ST.) NO.4518 OF 2022 (D) Krushnarao Sarode (Dead) through his Lrs Vs.

State of Maharashtra and Others Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. K.J. Topale, Advocate for the Applicants/Appellants. Mr. M.A. Kadu, AGP for the Respondent/State.

CORAM: PRAFULLA S. KHUBALKAR, J .

DATED : 06 th JANUARY, 1.

This is an application for condonation of delay in filing an application for restoration of the first appeal, by which registration was refused for non-removal of office objections.

2.

Learned counsel for the applicants submits that the applicants/appellants have filed the statutory appeal through a lawyer, who had not removed the office objections within time. Resultantly, the registration of the appeal stood refused by an order dated 27.09.2022. 3.

It is submitted that the applicants/appellants now desires to contest the appeal on merits and are therefore, seeking restoration of the first appeal.

4.

However, there is a delay of 840 days in filing an application for restoration of first appeal. It is stated that

2 40-CAO-1127-2025.odt the delay occurred because the applicants were not aware about the refusal of the registration. The applicants also specifically stated that they are ready to waive interest for the period of delay.

5.

Having regard to the contents of the application and submissions advanced, subject to the condition of the applicants' waiving the interest of the period of delay of 840 days, the civil application is allowed and disposed of. 6.

Copy of this order be placed with the order sheet of the first appeal, to be registered.

MCA (STAMP) NO.3175 OF 2025 IN FIRST APPEAL (ST.) NO.4518 OF 2022 (D) 7.

This is an application for restoration of first appeal, of which registration was refused for failure to remove office objections by an Order dated 27.09.2022. 8.

The applicants/appellants submit that they desire to contest the appeal on merits and therefore, they are seeking restoration of the first appeal.

9.

Having regard to the contents of the application and submissions advanced, the applicants/appellants are directed to remove the office objections within a period of two weeks from today. On removal of office objections, the appeal shall stand restored. Accordingly, the civil application is allowed and disposed of.

(PRAFULLA S. KHUBALKAR, J . ) Privel