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Bombay High CourtCA/893/2026admittedallowedgrantedrule absolute

Pushpa Ramesh Kulat And ORS. v. Pramod Chandrakant Huchhe And ORS.

2026-01-22Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

2026:BHC-AUG:2757 936-ca-893-2026 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 893 OF 2026 IN FAST/27882/2024 Pushpa Ramesh Kulat And Ors.

VERSUS

Pramod Chandrakant Huchhe And Ors.

...

Mr. Abhijit C. Darandale, Advocate for Applicants

CORAM

: SANJAY A. DESHMUKH, J.

DATED : 22ND JANUARY, 2026 PER COURT :- 1.

This is an application for condonation of delay of 430 days caused for filing the application for restoration of the Civil Application No.11007 of 2024 in First Appeal St. No.27882 of 2024, which was dismissed for non removal of office objections i.e. deficit Court fees, etc.

2.

Learned Advocate for the applicants pointed out the order passed in Civil Application No.11007 of 2024 in FAST No.27882 of 2024, dated 11.10.2024 of this Court directing the applicants to take steps and to remove all office objections including the deficit Court fees within six weeks. Learned Advocate further submitted that the he has circulated the matter and 17.10.2024 was the date given by this Court for hearing of the delay condonation application. However, in Civil Application No.11007 of 2024, the order for dismissal was

936-ca-893-2026 -2passed on 11.10.2024. He submits that he is ready to remove all the office objections. He also submitted that the delay is not deliberately caused and prayed to allow the application.

3.

Considering the reasons stated in the application, Civil Application deserves to be allowed in the interest of justice. Hence the following order:

ORDER

a.

Civil Application is allowed.

b.

Delay of 430 days is condoned.

c.

Civil Application No.11007 of 2024 and FAST No.27882 of 2024 is restored to its original position subject to removal of all the office objections within two weeks.

d.

If all the office objections are not removed within two weeks, the order passed for restoration of Civil Application and First Appeal shall loose its effect without further reference of this Court.

FIRST APPEAL:

1.

Issue notice to the respondents, returnable on 20.02.2026, subject to removal of all the office objections. (SANJAY A. DESHMUKH, J.) Rushikesh/2025