04.cao.1042.26.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. CIVIL APPLICATION NO.1042 OF 2026 IN MISC. CIVIL APPLICATION (ST.) NO.21617 OF 2026 IN SECOND APPEAL (ST.) NO.907 OF 2025 (SMT. SAKHI YASHWANT TOLANI AND OTHERS VS SHRI YASHWANT @ HUDESTARKUMAR S/O HEMANDAS TOLANI AND ANOTHER) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Ms Ragini Swami, Advocate h/f Ms Chetna Kurwade, Advocate for the applicants. CORAM:- MRS. VRUSHALI V. JOSHI , J. DATED :- OCTOBER 08, 2026 Heard. 2. The present application has been filed seeking condonation of delay in filing the application for restoration of the appeal. 3. The appeal could not be registered as the office objections raised by the Registry were not removed. Accordingly, a conditional order was passed directing the applicant to remove the office objections within a period of 14 days. 4. It appears that the said conditional order was not brought to the notice of the learned Counsel for *Divya 04.cao.1042.26.odt 2 the applicant. Consequently, the learned Counsel was not aware of the requirement to remove the office objections within the stipulated period. The office objections were also not marked by the concerned clerk and, therefore, the same were not brought to the notice of the learned Counsel for the applicant. 5. For the aforesaid reasons, the office objections could not be removed within the prescribed period, resulting in a delay of 77 days in filing the application for restoration of the appeal. 6. Considering the reasons stated in the application and the explanation furnished for the delay, application is allowed and the delay of 77 days is hereby condoned, subject to the applicant depositing costs of Rs.5,000/- (Rupees Five Thousand only) in the “Public Welfare Account”, bearing Account No. 129712010001014, IFSC Code: UBIN0812978, maintained with Union Bank of India, Branch High Court, Civil Lines, Nagpur. 7. The Registry is directed to restore the appeal to it’s original stage. 8. Civil Application stands disposed of. *Divya 04.cao.1042.26.odt 3 SECOND APPEAL (ST.) NO.907 OF 2025 9. The appellant to remove the office objections within a period of two weeks. 10. Stand over to 22/10/2026. ( MRS. VRUSHALI V. JOSHI , J. ) *Divya Signed by: Mrs. Divya Baldwa Designation: PA To Honourable Judge Date: 12/10/2026 18:39:57