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Bombay High CourtIA/8772/2025disposed off

Motilal Premraj Lunkad Since Deceased v. Shri Panalal Premraj Lunkad Since Decased Thorgh Legal Heirs

2025-06-19Hon'Ble Shri Justice M. M. Sathaye2 pages

3.IA.8772.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 8772 OF 2025 IN SECOND APPEAL (ST) NO. 36751 OF 2024 Motilal Premraj Lunkad (Since Deceased) through Lrs 1-A Narendra Motilal Lunkad & Ors. ...Applicants

Versus

Shri Pannalal Premraj Lunkad (Since Deceased) through & Ors.

...Respondents

**** Mr Karan Jain for the Applicants.

****

CORAM

: M. M. SATHAYE, J.

DATED : 19th JUNE, 2025 P.C.:

1.

Heard learned Counsel for the Applicants, who has tendered the order dated 24/02/2025, which is taken on record and marked 'X' for identification.

2.

This is an application for restoration of the above Second Appeal which was dismissed for not removing office objections within the stipulated time under order 24/02/2025. The time granted therein expired on 10/03/2025. Thereafter, within a period of limitation this Application was affirmed on 09/04/2025; however, as per office note there is nominal delay. 3.

Before the conditional order was passed, no notices were issued and it akn 1/2

3.IA.8772.2025.doc was a fresh Second Appeal in which conditional order about objection was filed.

4.

Learned Counsel for the Applicants submits that office objections are already removed on 25/03/2025. Considering the averments in the Application, sufficient cause is made out.

5.

The Application is allowed subject to the condition of removing all pending office objections within a period of four weeks from today. 6.

The Interim Application is disposed of in above terms. (M. M. SATHAYE, J.) akn 2/2