1 cas1405.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR C.A.O. NO.1405/2026 IN SECOND APPEAL NO.245/2026 Dashrath S/o Wadguji Karemore and others ..V/s.. Ghanshyam S/o Wadguji Karemore and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Devendra Chauhan, Senior Advocate with Mrs. Smita Deshpande, Counsel for the appellants. Mr. A.M. Chandekar, Counsel for respondent Nos.1 to 3. CORAM : MRS. VRUSHALI V. JOSHI, J. DATED : 6.10.2026. The applicant has filed this application for amendment in the application for condonation of delay and bringing the legal heirs of respondent No.1 in application for bringing the legal heirs. During the pendency of this appeal, respondent No.1 died. The appellant was not aware about it and, therefore, there is delay. When the notices were issued to the proposed legal heirs of respondent from the Bailiff Report the appellant came to know that the legal heirs of proposed respondent No.11(A) also died and, therefore, he has filed this application for amendment. Amendment is allowed. The appellant to carry out the amendment condonation of delay in filing the restoration application. The office has raised the objections. Office objections were not removed and the conditional order was passed. As the applicant has failed to remove the office 2 cas1405.26 objections, appeal was dismissed. 2. The learned Counsel for the applicant has stated that his file was misplaced and when the file was found it was found that some office objections were not removed and, therefore, the appeal was dismissed. Thereafter the applicant was not keeping well and, therefore, there is delay of 144 days. Considering the reasons given in the application, delay of 144 days is condoned subject to costs of Rs.10,000/- to the Public Welfare Fund. The Registry is directed to restore the appeal at its original stage. The applicant to remove all office objections within a period of two weeks. (MRS. VRUSHALI V. JOSHI, J.) Tambaskar. Signed by: MR. N.V. TAMBASKAR Designation: Senior Pvt. Secretary Date: 06/10/2026 18:20:31