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Bombay High CourtIA/12420/2025disposed off

Peter Nazareth Rebello And ORS. v. Justin Bastyay Soz And ORS.

2025-10-17Hon'Ble Shri Justice B.P. Colabawalla , Hon'Ble Shri Justice Amit Satyavan Jamsandekar2 pages

5.ia.12420.25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.12420 OF 2025 IN FIRST APPEAL (ST) NO. 6045 OF 2025 Peter Nazareth Rebello & Ors .. Applicants

Versus

Justin Bastyay Soz & Ors .. Respondents Mr. Bharat Gadhavi with Vinayak Shelar, Sarvesh Deshpande i/b Bharat Gadhavi, Advocates for the Applicants. Mr. Prithviraj S. Gole, with Mr. Siddhesh Pednekar i/b Prashant V. Malik, Advocates for the Respondent Nos.12 and 13. CORAM: B. P. COLABAWALLA & AMIT S. JAMSANDEKAR, JJ.

DATE:

OCTOBER 17, 2025 P. C.

1.

The above Interim Application is filed seeking a condonation of delay of 55 days in filing the above Interim Application and to set aside the order dated 6th May 2025 passed by the learned Registrar (Judicial-II), Appellate Side, High Court, Bombay, under which the above Appeal was dismissed for non-removal of office objections. 2.

Respondent Nos.12 and 13 have appeared on caveat. They have opposed restoration of the above Appeal.

OCTOBER 17, 2025 Aswale

5.ia.12420.25.doc 3.

Having heard the learned counsel for the parties, and for the reasons stated in the above Interim Application, we are satisfied with the explanation given for the delay. Accordingly, the delay in filing the above Interim Application is hereby condoned and the order dated 6th May 2025 is hereby set aside. Consequently, the above Appeal is restored to file. 4.

Now that the Appeal is restored, the advocates for the Appellant shall remove all office objections in the above Appeal within a period of four weeks from today, failing which the above Appeal shall stand dismissed without further reference to the Court.

5.

The above Interim Application is disposed of in the aforesaid terms. However, there shall be no order as to costs. 6.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax [AMIT S. JAMSANDEKAR, J.] [B. P. COLABAWALLA, J.] OCTOBER 17, 2025 Aswale