Allowed

Shivaji Bajirao Aher v. Ashok Bajirao Aher (Died) Thr Lrs Sushial and Ors.

Bombay HC12 Jan 2024CA/518/2024

Case brief

AI extract

What is this about?

Civil application to recall a Registrar's conditional order and restore a civil application, with 107 days' delay. Court accepted the delay was inadvertent, condoned it, allowed the application, and issued notice to respondents returnable on 1 March 2024.

What did the court decide?

Delay of 107 days condoned and application allowed; notice issued returnable 1 March 2024.

Shivaji Bajirao Aher Vs Ashok Bajirao Aher… — Civil Procedure and Limitation | Bombay HC (2024)

2024:BHC-AUG:887

518.24CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

¶5

925 CIVIL APPLICATION NO. 518 OF 2024 IN CAST/8055/2023

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SHIVAJI BAJIRAO AHER VERSUS

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ASHOK BAJIRAO AHER (DIED) THROUGH L.Rs. SUSHIAL & OTHERS

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Advocate for Applicant : Mr.I.D.Maniyar Advocate for respondents : Adv.R.N.Chavan h/f. Mr.V.A.Bagdiya

¶9

CORAM :ARUN R. PEDNEKER, J.
DATE :12.01.2024

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P.C. :

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1]The present Civil Application is filed to recall
the order dated 07.08.2023 passed by Registrar [Judicial]
and to restore Civil Application Stamp No.8055 of 2023 by
condoning delay of 107 days in filing the present Civil
Application.

¶12

2]The learned counsel for the applicant submits
that conditional order was passed by the Registrar
[Judicial], however, inadvertently, office objections could
not be removed within stipulated time. He further submits
that when he came to know about the dismissal of the
matter, the present Civil Application is filed immediately for
restoration. Therefore, the delay caused in filing the present

¶13

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518.24CA

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Civil Application is not intentional and deliberate.
Considering the said fact, the present application may be
allowed.

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3]In view of the submissions made, the present
Civil Application is allowed. Delay is condoned. Civil
Application is disposed of accordingly.

¶17

4]Issue notice to the respondents in Civil
Application Stamp No.8055 of 2023, returnable on 1st
March, 2024.

¶18

 [ARUN R. PEDNEKER]
 JUDGE

¶19

DDC

Shivaji Bajirao Aher v. Ashok Bajirao Aher (Died) Thr Lrs Sushial and Ors.

Case brief

What is this about?

What did the court decide?

Shivaji Bajirao Aher v. Ashok Bajirao Aher (Died) Thr Lrs Sushial and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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