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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



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                                                                25 ia 6340 of 2026.doc

2026 stand dismissed without further reference to this Court.

5.    Interim Application stands disposed.




                                                 ( N.J.JAMADAR, J. )




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