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2025 DAILYLAW 55957 (BOM)

SHRI. ROSHANLAL S/O RATANLAL GAJBHIYE AND ANOTHER v. SHRI. RUSHI S/O GOVINDA HIREKHAN AND OTHERS

CAO/1398/2023 · 2025-08-18

Shri Prafulla S Khubalkar

body2025

Judgment text

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1 cao1398.23.O.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CIVIL APPLICATION (O) NO.1398 OF 2023 IN MISC. CIVIL APPLICATION STAMP NO.22068 OF 2023 IN WRIT PETITION STAMP NO.9845 OF 2023 (Roshanlal s/o Ratanlal Gajbhiye and another Vs. Rushi s/o Govinda Hirekhan and others) ---------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar’s Orders. ---------------------------------------------------------------------------------------------------------------------------------- Mr. R. t. Anthony, Advocate for Petitioners. Mr. S. S. Dhorle, Advocate for Respondent Nos.1, 2a to 2d. CORAM: PRAFULLA S. KHUBALKAR, J. DATE: 18 th AUGUST, 2025. CIVIL APPLICATION (O) NO.1398 OF 2023: 1. This is an application for condonation of delay of 25 days in filing the application for restoration of Writ Petition Stamp No.9845/2023. 2. Heard learned counsel for petitioner. He submits that on account of his health issues and inability of the counsel to attend the matter on account of his operation of fixing the pace maker, the matter remained unattended at the relevant time and the objections could not be removed. He submits that during the process of filing of the restoration application the delay of 25 days has occurred which is unintentional. 3. Having regard to the contents of the application 2 cao1398.23.O.odt and submissions advanced, the delay of 25 days in filing the application for restoration is condoned. 4. The civil application is allowed and disposed of. MISC. CIVIL APPLICATION STAMP NO.22068 OF 2023: 1. This is an application for restoration of the writ petition of which registration was refused for non removal of office objections. 2. Having regard to the contents of the civil application and the contentions advanced, the civil application is allowed. 3. The petitioner is permitted to removed office objections within two weeks from today. 4. The civil application is allowed and disposed of. (PRAFULLA S. KHUBALKAR, J.) NSN