Allowed

Vimal Sakharam Yeole and Anr. v. Sahadu Khandu Kate

Bombay HC16 Feb 2024IA/15587/2023

Case brief

AI extract

What is this about?

Application to restore a second appeal dismissed at the office-objections stage. The court found sufficient cause, noting objections appeared complied with on record and no notice had been issued. Application allowed, delay condoned, appeal restored subject to removing pending objections within four weeks.

What did the court decide?

Delay condoned; second appeal restored subject to removal of pending office objections within four weeks.

Vimal Sakharam Yeole and Anr. Vs Sahadu Khandu… — Civil Procedure and Limitation | Bombay HC (2024)

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Digitally signed by ANANT ANANT KRISHNA KRISHNA NAIKDate: NAIK 2024.02.17 15:27:38 +0530

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5.IA.15587.2023.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION

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INTERIM APPLICATION NO. 15587 OF 2023 In

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SECOND APPEAL (STAMP) NO. 7339 OF 2021

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Vimal Sakharam Yeole & Anr ....Applicants
V/S
Sahadu Khandu Kate ....Respondent

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Mr. K. K. Jadhav for the Applicants.

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CORAM : M. M. SATHAYE, J.

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DATED : 16^th FEBRUARY, 2024

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P.C.:

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1.Heard learned Counsel for the Applicants. This Application is for
restoration of the above Second Appeal, which is dismissed for non-removal
of office objections under order dated 13/04/2024, which was a conditional
order. Learned Counsel for the Applicants invited this Court's attention to the
Annexures 5 & 6 to the application, which are High Court's official website
print-outs. It shows that all objections in the file of Second Appeal are shown
to be removed/complied and on 08/06/2022 itself the certified copy was
filed.

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2. The Appeal was not admitted. Perusal of the record shows that even

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notices were not issued and the Appeal is dismissed at the stage of removal
of office objections.

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5.IA.15587.2023.doc

3.In that view of the matter, considering the averments in the
Application and said annexures, sufficient cause is made out for restoration
of the Appeal and delay condonation in filing this Application. Dismissal of
the Appeal on technical ground of not removing office objections, cannot be
sustained when apparently efforts were made by the Applicants/Appellants
to remove the office objections. An opportunity to contest on merits is
necessary in the interest of justice.

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4. Hence, the Application is allowed in terms of prayer clause (a). Delay is condoned. The Appeal is restored subject to the condition that Applicants/ Appellants shall now remove remaining/pending office objections, if any, within a period of 4 weeks from today, failing which the present Application will stand dismissed without further reference to the Court.

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5. All concerned to act on duly authenticated or digitally signed copy of

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this order.

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(M. M. SATHAYE, J.)

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Vimal Sakharam Yeole and Anr. v. Sahadu Khandu Kate

Case brief

What is this about?

What did the court decide?

Vimal Sakharam Yeole and Anr. v. Sahadu Khandu Kate

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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