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Bombay High CourtCAO/1295/2025allowed

Kashinath Motiram Kaware, (Deceased), Thr. Lrs. v. Vishwanath S/O Motiram Kaware And Another

2026-02-17Hon'Ble Shri Justice Prafulla S. Khubalkar2 pages

2026:BHC-NAG:2774 1 5. CAO 1295 of 2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAO) NO.1295 OF 2025 IN MISC. CIVIL APPLICATION (STAMP) NO.25857 OF 2025 IN WRIT PETITION (STAMP) NO.5719 OF 2025 KASHINATH MOTIRAM KAWARE, (DECEASED), THR. LRS.

VERSUS

VISHWANATH S/O MOTIRAM KAWARE AND ANOTHER Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. T.S. Deshpande, Advocate for Applicants.

CORAM : PRAFULLA S. KHUBALKAR, J.

DATED : 17th FEBRUARY 2026 1.

Heard learned Advocate for the applicants.

2.

This is an application for condonation of delay in filing the application for restoration of writ petition, of which registration was refused for failure to remove the office objections. 3.

Learned Advocate for the applicants submits that the delay of 31 days occurred for the reason that the applicants were not aware about the conditional order of refusal of registration passed by the Registrar (Judicial). He submits that the delay is unintentional. 4.

Having regard to the contents of the application and submissions advanced, the application is allowed and the delay of 31 days in filing the application for restoration of writ petition is condoned.

5.

The civil application is accordingly disposed of.

2 5. CAO 1295 of 2025.odt MISC. CIVIL APPLICATION (STAMP) NO.

25857 OF 2025 6.

This is an application for restoration of writ petition, which is dismissed in default by order dated 22.09.2025, passed by the Registrar (Judicial), for non removal of the office objections within stipulated period.

7.

Learned Advocate for the applicants submits that the applicants/petitioners desire to contest the petition on merits and therefore, he seeks restoration of writ petition. 8.

Considering the reasons mentioned in the application and submissions advanced, the application for restoration of writ petition is allowed. The order dated 22.09.2025, passed by the Registrar (Judicial), is quashed and set-aside. The applicants are directed to remove the office objections within a period of two weeks from today. On removal of the office objections, the writ petition be restored. 9.

In view of the above, the miscellaneous civil application is disposed of.

(PRAFULLA S. KHUBALKAR, J.) asd