Sou. Rajani W/O Gajanan Karekar v. Gajanan Kamlakar Karekar

2026:BHC-NAG:3223 5.cao.161.2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.161 OF 2026 IN M.C.A. ST. NO.4273 OF 2026 IN SECOND APPEAL ST. NO.6022 OF 2023 Sou. Rajani Gajanan Karekar .Vs. Gajanan Kamlakar Karekar Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. Sandeep N. Singh, Advocate for appellant. CORAM : ROHIT W. JOSHI, J.

DATE : 24/02/2026 1.

Registration of Second Appeal St. No.6022 of 2023 came to be refused vide order dated 23.01.2025 passed by the learned Registrar (Judicial). The said order was passed in view of failure on the part of the appellant to remove office objections. The said order is challenged in Misc. Civil Application St. No.4273 of 2026. The present application is moved seeking condonation of delay in filing the said application.

2.

It is stated in the application that the clerk of the learned advocate had misplaced the certified copy of the impugned judgment and decree and therefore, fresh application for the same was required to be made. It is stated that, in the meantime, the counsel for applicant had to attend a marriage in his family at Bihar which resulted in further delay. Perusal of the application will demonstrate that the applicant is not personally responsible for the delay or for failure on the part of the learned Advocate or his

5.cao.161.2026.odt registered clerk to remove office objections. The applicant is prosecuting the litigation since the year 2013. 3.

In view of the aforesaid, delay of 410 days caused in filing Misc. Civil Application St. No.4273 of 2026 is condoned. For the same reasons, M.C.A. St. No.4273 of 2026 is allowed. Office is directed to register the appeal subject to condition that all office objections shall be removed before 06.03.2026.

4.

Having regard to the delay, appellant is directed to deposit cost of Rs.1,500/- (Rupees One Thousand Five Hundred Only) in the 'Public Welfare Account' bearing Account No.129712010001014 (IFSC Code : UBIN0812978) in the Union Bank of India, Branch High Court, Civil Lines, Nagpur.

(ROHIT W. JOSHI, J.) C.L. Dhakate