Renuka 7-IA-6777-2026.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 6777 OF 2026 IN SECOND APPEAL (ST) NO. 25229 OF 2024 Anil Amarchand Sethi Since Deceased Through Legal Heirs Usha A Sethi ...Applicant V/s. Vijay Ramchandra Gaikwad ...Respondent ________________ Mr. Abhishek Ithape i/b Mr. Shivaji r. Nirmale for Applicant. Mr. Anilkumar Patil i/b Mr. Digvijay A. Patil for Respondent No. 1- Plaintiff. ________________ CORAM: SANDEEP V. MARNE, J. DATED: 1 NOVEMBER 2026. P.C.: 1) Interim Application is filed for restoration of the Second Appeal which is discovered for non removal of the office objections. This is the second time Appellants are seeking restoration of the Appeal. The Appeal was earlier dismissed on 19 December 2024 by order passed by this Court on 21 January 2026. The Appeal was restored subject to the condition of removal of all office objections within a period of 3 weeks. It was specifically directed in paragraph 5 of the order that if office objections were not removed within a period of 3 weeks, the order was to stand recalled and the Second Appeal was to be treated as dismissed Page No. 1 of 2 1 NOVEMBER 2026 2026:BHC-AS:35963 Renuka 7-IA-6777-2026.docx without further reference to the Court. The Applicants however remained negligent and failed to remove the office objections. Accordingly, the Appeal is again treated by the Registry as having been dismissed. Now another Application is filed for restoration of the Appeal. Considering the above negligent act on the part of the Applicants, in my view, costs are required to be imposed on the Applicants while restoring the Appeal. 2) Accordingly, the Application is allowed by condoning the delay. The order dismissing the Appeal is recalled and the Appeal is restored subject to following two conditions:- (i) The Applicant shall remove all office objections within a period of four weeks. (ii) The applicants shall pay cost of Rs. 10,000/-. to the Respondent No. 1/Plaintiff within a period of four weeks. 3) The Amount of costs shall be paid by handing over cheque drawn in the name of Respondent No. 1 to the counsel appearing for Respondent No. 1 within the time stipulated. It is made clear that if either of the conditions are violated, the Registry shall once again treat the Appeal as dismissed and thereafter no Application shall be entertained for restoration of the Appeal. 4) Interim Application is accordingly allowed and disposed of with costs as indicated above. [SANDEEP V. MARNE, J.] Page No. 2 of 2 1 NOVEMBER 2026 Signed by: Renuka S Thakur Designation: PA To Honourable Judge Date: 02/09/2026 13:37:04