Shamuwel Yamaji Dalvi v. Avinash Subhash Dalvi

2026:BHC-AUG:2925 940 CA NO. 805 OF 2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 805 OF 2026 IN SAST/24685/2025 Shamuwel Yamaji Dalvi

VERSUS

Avinash Subhash Dalvi ...

• Mr. Shubham Dattatraya Jayabhar, Advocate for Applicant ...

CORAM : MEHROZ K. PATHAN, J.

DATED : 21.01.2026 PER COURT :

1.

Learned counsel for the applicant submits that there is a delay of 43 days in filing the application for restoration of the Second Appeal. The Second Appeal was listed before the Registrar (Judicial), and an order came to be passed on 06.11.2025, granting time to remove office objections within a period of two weeks. It is submitted that the applicant was unaware of the listing of the matter before the Registrar and, therefore, could not remove the office objections within the stipulated period.

2.

Taking into consideration the reasons stated in the application, the delay deserves to be condoned.

Jhs/ 1/2

940 CA NO. 805 OF 2026 3.

Accordingly, the delay is condoned and the application is allowed, subject to the condition that the appellant shall deposit costs of Rs. 2,000/- with the High Court Bar Association Library. 4.

Upon deposit of the aforesaid costs, the Second Appeal shall stand restored to the file of this Court.

5.

The appellant undertakes to remove all office objections within a period of two weeks thereafter.

( MEHROZ K. PATHAN, J. ) Jhs/ 2/2