Bhagirathibai Laxman Karale And ORS. v. Ramesh Nathubhai Soni And ORS.

949 CA NO. 1098 OF 2026.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 949 CIVIL APPLICATION NO. 1098 OF 2026 IN FAST/34324/2024 Bhagirathibai Laxman Karale And Ors.

VERSUS

Ramesh Nathubhai Soni And Ors.

...

Mr. Solanke Krushna S., Advocate for Applicants ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 29.01.2026 PER COURT :- 1.

This is an application for restoration of Civil Application No.525 of 2025 in FAST No.34324 of 2024 as well as for condonation of delay of 93 days caused in filing the present application.

2.

Heard learned advocate for the applicant.

3.

Perused the application. This Court on 18.09.2025 passed conditional order directing the applicant to take appropriate steps for service of notice, within two weeks from today. Failure to take steps within two weeks, would result in dismissal of the proceedings automatically, without further reference to the Court. However, the applicant failed to take necessary steps within time and therefore the application was

(( 2 )) 949 CA NO. 1098 OF 2026 dismissed. Considering the fact that the delay is not deliberately caused in filing the present application and for deciding the appeal on merits, the present application deserves to be allowed in the interest of justice. Hence, the following order: ::ORDER::

a.

The application is allowed.

b.

The delay of 93 days caused in filing the application for restoration of the civil application is condoned. c.

Civil application No.525 of 2025 and FAST No.34324 of 2024 are restored to their original stages, with directions to the applicant to take necessary steps within two weeks from today. d.

If the steps are taken, re-issue notice to the unserved respondents in Civil Application No.525 of 2025, returnable on 26.03.2026.

e.

The applicant is permitted to serve the unserved respondents by way of R.P.A.D.

[ SANJAY A. DESHMUKH, J. ] HRJadhav