Shivaji Soma Shelar And ORS. v. Baban Vitthal Shelar Deceased Through Legal Heir Baby Baban Shelar And ORS.

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.117 OF 2017 IN CIVIL APPLICATION NO.3338 OF 2016 IN FIRST APPEAL (STAMP) NO.2376 OF 2015 [ REJECTED CASE NO.680 OF 2016] Shivaji Soma Shelar and Ors.

.... Applicants V/s.

Baban Vithal Shelar (Since Deceased), Through LRs.:- Baby Baban Shelar and Ors.

.... Respondents Mr. Sanjay S. Mehta for the Applicants.

None for the Respondents.

CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 10 TH SEPTEMBER, 2018.

P.C. :

.

Not on Board. Upon mentioning, taken on Board. 2.

Heard Mr. Mehta, learned counsel for the Applicants. 3.

This is an application for condonation of delay in preferring the Civil Application for restoration of the First Appeal (Stamp) No.2376 of 2015, which came to be dismissed for non-compliance of the office objection.

4.

For the reasons stated in the Civil Application, as sufficient cause is made out, the delay is condoned. Civil Application is allowed. 1/2 504-CAF-117-17==.doc

5.

Similarly, the First Appeal (Stamp) No.2376 of 2015, along with Civil Application/s thereto, is restored to its original file, as learned counsel for the Applicants submits that, all office objections are now removed.

6.

Appeal be registered and placed for admission as pre CM.I.S. date. 7.

Civil Application is disposed off in the above terms. [DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2 504-CAF-117-17==.doc