1 61 ca.5368.17.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. 61 CIVIL APPLICATION NO. 5368 OF 2017 IN RC/922/2014 SHANKAR SAWALERAM PATOLE LRS DINKAR AND OTHERS VERSUS DADA SAVLERAM PATOLE LRS RAMCHANDRA LRS SUMAN AND OTHERS ... Advocate for Applicants : Mr. Mr. P. J. Sagalgile, h/f Mr. Rahul R. Karpe. Advocate for Respondent : Mr. D. R. Markad, h/f Mr. N. K. Kakade. ... WITH CIVIL APPLICATION NO. 5369 OF 2017 IN RC/921/2014 WITH CIVIL APPLICATION NO. 5370 OF 2017 IN RC/923/2014 ... CORAM : SANJAY A. DESHMUKH, J. DATE : 24th August, 2026. P.C.: CIVIL APPLICATION NO. 5368 OF 2017: 1 Heard. 2 This is an application for setting aside the order dated 9th April, 2014, passed by the learned Registrar (Judicial) of this Court. 3 Perused the application. There is delay of 1096 days caused in filing this application. 4 The learned counsel for the applicants submits that the delay is not deliberately caused. It is therefore, prayed to allow the application. 2 61 ca.5368.17.odt 5 On perusal of the application, it appears that the delay is not deliberately caused. Therefore, to decide the lis finally on merits and in view of the law laid down by the Honourable Supreme Court in the case of M. D. A. Chaudhary Vs. Kartar Chand and Ors., MANU/SC/0877/2025, the application deserves to be allowed, in the interest of justice, as the delay is not deliberately caused. 6 For the reasons stated in the application, the application deserves to be allowed as the delay is not caused deliberately and intentionally. Hence, Civil Application No.5368 of 2017 is allowed in terms of prayer clauses (B) and (C) only. The delay is condoned. The order dated 9th April, 2014, passed by the learned Registrar (Judicial) of this Court is set aside. The second appeal is restored to its original position, subject to the removal of office objections within a period of two weeks from today. 7 If the office objections are removed within the stipulated period, list the second appeal and other applications on 21st September, 2026. 8 Interim relief, if any, granted earlier to continue till the next date. [ SANJAY A. DESHMUKH, J. ] nga