Bombay High Court
SHRI. SHIDVA NAVAJI ANDHER AND ORSversusSHRI BABU JIVLYA ANDHER
- Decided
- Disposal
- Disposed Off
Holding
The order dismissing the Second Appeal for non‑removal of office objections is set aside, and the appeal is restored subject to removal of the objections within three weeks.
Summary
The Applicants, Shidva Navaji Andher and others, filed a Second Appeal (ST) No.3603 of 2026 against the Respondents. The trial court had dismissed the appeal on the ground that the Applicants had not removed the office objections. The Applicants moved an interim application seeking restoration of the appeal. Justice N.J. Jamadar set aside the dismissal, directing that the appeal be restored to the file provided the Applicants remove any office objections within three weeks. If the objections are removed, the appeal will be listed as a fresh matter for admission on 28 October 2026; otherwise, the appeal will stand dismissed. The interim application was consequently disposed.
Issues considered
- What is the appropriate remedy when an appeal is dismissed for non‑removal of office objections?
Subjects
- civil procedure
- second appeal
- office objections
- interim relief
- restoration of appeal
Judgment
25 ia 6340 of 2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.6340 OF 2026
IN
SECOND APPEAL (ST) NO.3603 OF 2026
Shidva Navaji Andher and Ors. ... Applicants
versus
Babu Jivlya Andher and Ors. … Respondent
SWAROOP
SHARAD Ms. Priyanka Gupta with Mr. Yash Ghadigaonkar, Ms. Barkha Gupta, for
PHADKE Applicants.
Digitally signed by
SWAROOP
SHARAD PHADKE
Date: 2026.09.24
16:41:57 +0530
CORAM: N.J.JAMADAR, J.
DATE : 23 SEPTEMBER 2026
P.C.
1. Heard the learned Counsel for the Applicants.
2. For the reasons assigned in the application and to advance the cause
of substantive justice, the order dated 23 March 2026 dismissing the Second
Appeal for non-removal of office objections, stands set aside and the Second
Appeal (ST) No.3603 of 2026 stands restored to file, subject to the Applicants
removing the office objections, if any, within a period of three weeks from
today.
3. In the event, the office objections are removed, list the Appeal as a
fresh matter, for Admission on 28 October 2026.
4. In the event, the office objections are not removed within the stipulated
period, this order shall stand recalled and Second Appeal (ST) No.3603 of
SSP 1/2
25 ia 6340 of 2026.doc
2026 stand dismissed without further reference to this Court.
5. Interim Application stands disposed.
( N.J.JAMADAR, J. )
SSP 2/2
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.