The High Court at Nagpur allowed a condonation of delay application filed by the appellant. The delay was due to the matter not being marked despite being inadvertently forgotten by the party.
Condonation of 407 days delay allowed; Registrar's order dated 04/08/2022 set aside; Second Appeal to be registered.
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16 CAO 1478-2023.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR
CIVIL APPLICATION (CAO) NO. 1478/2023 IN MISC. CIVIL APPLICATION STAMP NO. 20309/2023 IN
SECOND APPEAL STAMP NO. 11225/2022 (REJECTED)
Anjanabai Wd/o Gyaniram Borkar
Vs.
Gyaniram S/o Motiram Kamble and others
Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions ers and Registrar's ord
- - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - --- - - - - ------------- - - - - - Shri Nandeshwar Chaware, Advocate h/f ShriS.G. Karmarkar, Advocate for appellant
CORAM : SMT. M.S. JAWALKAR, J. DATE : 14/12/2023
Present application is filed for condonation of delay in filing application for restoration of Second Appeal Stamp No. 11225/2022. It appears that there is 407 days delay in filing application for restoration. Reason for the delay is submitted that the matter was inadvertently not marked and it went unnoticed. It came to the knowledge after passing of order when matter was attempted to be circulate. Though, I am inclined to allow the application,
Jayashree..
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as no due diligence is shown, I am allowing the application, subject to costs. Accordingly, application is allowed, subject to payment of costs of Rs.1000/-, to be paid to High Court Bar Association, within a period of two weeks.
MISC. CIVIL APPLICATION STAMP NO. 20309/2023
Present application is filed for restoration of Second Appeal Stamp No. 11225/2022. It appears that Second Appeal Stamp No. 11225/2022, was listed before the Registrar on 04/08/2022 and two weeks time was granted to remove office objection with an application for condonation of delay, failing which, Registrar (Judicial) ordered that it shall stand refused. It is submitted that order dated 04/08/2022 inadvertently could not be noticed and therefore, objections could not be removed within stipulated period and second appeal came to be dismissed.
Jayashree..
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(SMT. M.S. JAWALKAR, J.)
Jayashree..
1 issue framed by the court
Whether delay in filing application for restoration of second appeal can be condoned due to inadvertent non-marking of the matter?
Anjanabai Wd/o Gyaniram Borkar
Gyaniram S/o Motiram Kamble
M.S. Jawalkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
