Bombay High Court

CAO/1097/2026 of JAYWANT CO-OPERATIVE HOUSING SOCIETY LTD., THR. ITS SECRETARY MANGESH S/O NIRANJAN TARALE AND OTHER Vs SHRAWASTI CO-OPERATIVE HOUSING SOCIETY LTD., THR. PRESIDENT MANDAKINI JAMKAR AND OTHERS on 13 October 2026

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IN THE HIGH COURT OF JUDICATURE

1 / 2 5-cao-1097-26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR

CIVIL APPLICATION (CAO) NO.1097 OF 2026

IN

MISC. CIVIL APPLICATION ST. NO. 19545 OF 2026

AND

MISC. CIVIL APPLICATION ST. NO. 19545 OF 2026

IN

SECOND APPEAL ST. NO.2456 OF 2025(d)

Jaywant Co-operative Housing Society Ltd .and ors.

Vs.

Shrawasti Co-operative Housing Society, through President

---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Mr.Uday Gosavi, counsel for the Applicants.

CORAM : MRS. VRUSHALI V. JOSHI, J.

DATE : 13/10/2026

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1. Heard.

2. The applicants have filed these applications for condonation of 55 days delay in filing the application for restoration of the Second Appeal and for restoration of the Second Appeal.

3. Learned counsel for the applicants submitted that the appeal was pending under a stamp number. Although an application for condonation of delay had been filed, the same was not accepted by the Registry, and office objections were raised. Learned counsel was unaware of the said Kavita 2 / 2 5-cao-1097-26 objections. When he subsequently attempted to circulate the matter, he came to know that the appeal had been dismissed at the stage of filing.

4. As the office objections were not removed within the stipulated time, a conditional order came to be passed by the Registrar, resulting in the dismissal of the appeal and causing the delay.

5. Considering the reasons stated in the applications, the applications are allowed. The delay of 55 days is hereby condoned. The Registry is directed to restore the Second Appeal to its original stage.

7. The applications stand disposed of accordingly.

JUDGE Kavita Signed by: Kavita P Tayade Designation: PS To Honourable Judge Date: 14/10/2026 11:21:11

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