1 / 2 3-cao 827-26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CA0) NO. 827 OF 2026 IN MISC. CIVIL APPLICATION ST. NO.4476 OF 2026 IN SECOND APPEAL ST. NO. 22472 OF 2023 Vijay Rajabhau Deo Vs. The Nagpur Improvement Trust,Nagpur ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ---------------------------------------------------------------------------------------------- Mr.P.V. Vaidya, counsel for the applicant/appellant. CORAM : MRS. VRUSHALI V. JOSHI, J. DATE : 01/09/2026 1. Heard. 2. The applicant has filed this application seeking condonation of delay caused in filing the application for restoration of the Second Appeal. 3. Learned counsel for the applicant submits that a conditional order was passed by the learned Registrar directing the applicant to remove the office objections within the stipulated period. 4. Learned Advocate Mr. K. B. Ambilwade was appearing for the applicant in the matter earlier. However, as he was unwell, the matter was listed before the learned Registrar and, therefore, the listing of the matter could not Kavita 2 / 2 3-cao 827-26 be noticed by the earlier Advocate. Consequently, the office objections could not be removed within the stipulated period, resulting in dismissal of the Second Appeal. Thereafter, the present application for restoration came to be filed, causing a delay of 675 days. 5. It is submitted that the delay was occasioned due to the circumstances attributable to the earlier Advocate and was neither intentional nor deliberate. 6. Considering the reasons stated in the application, the application is allowed and the delay of 675 days caused in filing the application for restoration of the Second Appeal is condoned, subject to payment of costs of Rs.25,000/- to be deposited in the “Public Welfare Account” bearing Account No. 129712010001014, IFSC Code: UBIN0812978, Union Bank of India, High Court Branch, Civil Lines, Nagpur. 7. Appeal is restored to its original stage. 8. Civil application stands disposed of. SECOND APPEAL ST. NO. 22472 OF 2023 1. The appellant to remove office objections within a period of two weeks from today. 2. Stand over to 15.09.2026. JUDGE Kavita Signed by: Kavita P Tayade Designation: PS To Honourable Judge Date: 02/09/2026 10:36:56