Allowed

Murali Manohar S/O Hemraj Rahi v. Tarachand S/O Dhadu Katre and Others

Bombay HC19 Dec 2023CAO/1488/2023

Case brief

AI extract

What is this about?

The Single Judge allowed a civil application for condonation of delay in filing a restoration application. The order of dismissal was set aside, and the Second Appeal was restored to its original number.

What did the court decide?

Delay in filing restoration application was condoned; the order of dismissal dated 03/10/2023 was set aside and the Second Appeal restored.

Murali Manohar S/O Hemraj Rahi Vs Tarachand S/O… — Execution and Attachment | Bombay HC (2023)

¶1

¶2

12-CAO 1488-23 in MCAst 23592-23.odt

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

¶4

CIVIL APPLICATION (CAO) NO. 1488 OF 2023 IN

¶5

MISC. CIVIL APPLICATION (ST.) NO. 23592 OF 2023 IN

¶6

SECOND APPEAL NO. 88 OF 2006 (D)

¶7

MURALI MANOHAR S/O. HEMRAJ RAHI

¶8

...VERSUS…

¶9

TARACHAND S/O. DHADU KATRE AND ORS.

¶10

Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order

¶11

and Registrar's orders.

¶12

Shri Aniket Likhitkar, Advocate h/f. Mrs. Deepa I. Charlewar, Advocate for applicant.

¶13

CORAM : SMT. M. S. JAWALKAR, J.

¶14

DATE : 19th DECEMBER , 2023

¶15

The present application is filed for condonation of delay in

¶16

filing application for restoration.

¶17

For the reasons stated in para nos. 4 and 5 of the application, I am satisfied that there is justifiable reason for not filing the application within limitation. As such, the application is allowed. Delay in filing restoration application is hereby condoned.

¶18

Registry is directed to register the restoration application i.e. MCA (St.) No. 23592/2023.

¶19

Accordingly, the application stands disposed of.

¶20

MiSC. CIVIL APPLICATION (ST.) NO. 23592 OF 2023

¶21

The present application is filed for restoration of Second Appeal No. 88/2006 by setting aside the order of dismissal dated 03/10/2023.

¶22

¶23

12-CAO 1488-23 in MCAst 23592-23.odt

¶24

It is submitted that due to inadvertent mistake, the matter could not be marked in the cause list and therefore, the applicant could not remain present in the matter. As such, for the said reasons, I am inclined to allow the application. Accordingly, the application is allowed. The order of dismissal dated 03/10/2023 is hereby set aside.

¶25

Registry is directed to restore the Second Appeal on its original number.

¶26

Accordingly, the application stands disposed of.

¶27

SECOND APPEAL NO. 88 OF 2006 (D)

¶28

After restoration of Second Appeal, issue fresh notice to the respondents, returnable within three weeks.

¶29

(Smt. M.S. Jawalkar, J.)

¶30

B.T.Khapekar

Murali Manohar S/O Hemraj Rahi v. Tarachand S/O Dhadu Katre and Others

Case brief

What is this about?

What did the court decide?

Murali Manohar S/O Hemraj Rahi v. Tarachand S/O Dhadu Katre and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Nikita W/O Sachin Kshirsagar Vs Sachin S/O Ashokrao Kshirsagar

Sonu W/O Devanand Bandurkar Vs Devanand Madhukar Bandurkar

Sonam W/O Akash Thakre ( D/O Jagdishsingh Bangre) Vs Akash Rajendra Thakre

Smt Mathurabai Atamaram Dhengale and 3 Others Vs Sakharam Motiram Thakre and Others

Wasudeo Mahadeorao Varhare Vs Shivom Govindlal Kediya

Charandas S/O Laxman Bibe Vs Shyamrao S/O Laxman Bibe and Other