Dnyanoba So Narsingrao Kadam And Another v. Sindhutai Vitthalrao Patil And Another

2026:BHC-AUG:1492 1 913.CA-484-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 484 OF 2026 IN SAST/26477/2025 DNYANOBA SO NARSINGRAO KADAM AND ANOTHER

VERSUS

SINDHUTAI VITTHALRAO PATIL AND ANOTHER ...

Advocate for Applicants : Mr. Kokad Amol Ashok ...

CORAM : MEHROZ K. PATHAN, J.

DATE : 14th JANUARY, 2026 PER COURT :

1.

The present application for condonation of delay of 41 days in filing the restoration application and also seeking restoration of the Second Appeal to its original position. The learned Counsel submits that Counsel did not notice that the matter was listed before the learned Registrar for removal of office objections and therefore could not attend the same. The learned Registrar has passed an conditional order dated 12.11.2025, thereby directing the Counsel to remove the office objections within a period of two weeks, failing which the registration of the appeal shall stand automatically refused without any further reference to the Court of Registrar (Judicial). .

The learned Counsel for the Applicant submits that since the Counsel did not note the order, the office objection could not be removed within the stipulated period, and as such the appeal came to be dismissed as per the conditional order dated 12.11.2025. The

2 913.CA-484-2026.doc delay caused in filing the application for restoration is therefore unintentional and due to the aforesaid circumstances, the same may therefore be condoned.

2.

Thus taking into consideration the aforesaid submissions and for the reasons stated in the application, the application is allowed and the delay of 41 days in filing the application for restoration, is condoned. The Appeal is restored to its original position on a condition that the Applicants shall deposit the cost of Rs.2000/- within one week to the High Court Bar Association Library. 3.

Upon depositing such amount, the appeal shall stand restored. The learned Counsel for the Applicants shall remove the office objections and satisfy the Registrar about waiver of such objections, if any, within a period of two weeks thereafter. 4.

After removal of the office objections, the Appeal shall be listed for hearing in due course.

5.

The Civil Application is disposed of accordingly. MEHROZ K. PATHAN JUDGE NAJEEB..