RAVINDRA BHUMANNA NAROD v. MOGALJI DHARMAJI NAROD AND ANOTHER
CA/917/2025 · 2025-01-29
Shri R M Joshi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 70524 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 70524 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
958-CA-917-2025.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 917 OF 2025 IN SAST/18336/2024 Ravindra Bhumanna Narod VERSUS Mogalji Dharmaji Narod And Another *** • Mr. P. P. Giri, Advocate for the Applicant ***
CORAM : R. M. JOSHI, J DATE : JANUARY 29, 2025 PER COURT :
1. This application is for restoration of the Second Appeal, which came to be dismissed for non removal of office objections on 28.08.2024.
2. There is delay of 113 days in filing this civil application for restoration.
3.
Learned Counsel for the Applicant submits that even before notices could be issued to the Respondent, application as well as second appeal came to be dismissed. Thus, it is his contention that no notice is required to be issued to the Respondents for restoration thereof. Umesh PAGE 1 OF 2 2025:BHC-AUG:2455
958-CA-917-2025.odt
4. Perusal of the application indicates that the delay is sufficiently explained. Since Appeal was dismissed even before issuance of notice to the Respondents, this Court finds no impediment in allowing the application and restoration of the Appeal. In any case, burden is on the Appellant to satisfy this Court that there exists substantial question of law before any further order could be passed. Hence, application is allowed in terms of prayer clauses ‘B’ and ‘C’.
(R. M. JOSHI, J.) Umesh PAGE 2 OF 2