Smt. Sushila Raghunath Kalekar v. Smt. Parvati Raghunath Kalekar And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No. 484/2019 in First Appeal No. (ST) 22079/2018 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.Manoj Sonawane I/b. K. P. Tiwari & Co.

for the Applicant

CORAM

: K.K.TATED, J.

DATED : 18/03/2019 P.C.

Pursuant to the praecipe filed by the advocate for the Applicant, the matter is taken on production board.

By this Civil Application, the Applicant is seeking to set aside the order dated 30.10.2018 passed by the learned Registrar (Judicial-II) by which the First Appeal stood dismissed for non removal of office objections.

The learned counsel for the Applicant submits that it remained on their part to remove all office objections within time. He submits that in the interest of justice this Hon'ble Court be pleased to set aside the said 1/3

order and restore the First Appeal on file for hearing on merits. He undertakes to remove all office objections within two weeks.

Considering the submissions made by the learned counsel for the Applicant and the reasons disclosed in the Civil Application, I am satisfied that the Applicant has made out a case for allowing the Civil Application.

Hence, the following order is passed:

a.

Civil Application is allowed in terms of prayer clauses (a) and (b), which read thus:

a.

that the conditional order dated 30.10.2018 passed by the Hon'ble Registrar Shri V.R.Kachare Registrar (Judl-II) dismissing First Appeal No.

(ST) 22079/2018 be set aside and First Appeal No. (ST) 22079/2018 be restored to file and heard on merits.

b.

that delay of 33 days in filing the present Civil Application No. be condoned."

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b.

The Applicant is directed to remove all office objections on or before 05.04.2019, failing which the Civil Application shall stand dismissed without further reference to the court.

c.

Civil Application stands disposed of accordingly.

(K.K.TATED, J.) 3/3