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Bombay High CourtCAM/78/2018

Mrs. Rupali Ankit Shah v. Mr. Ankit Harinbhai Shah And ANR.

2018-03-13Hon'Ble Shri Justice K.K. Tated,Hon'Ble Shri Justice B.P. Colabawalla2 pages

21.cam.78.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.78 OF 2018 IN FAMILY COURT APPEAL(ST) NO. 6506 OF 2017 Mrs. Rupali Ankit Shah ..Applicant Vs.

Mr. Ankit H. Shah and Others ..Respondents Mr. Satyajeet Shirke I/b Mr. Akash A. Deshmukh, for the Applicant.

CORAM:-K. K. TATED & B. P. COLABAWALLA,JJ.

DATE :- MARCH 13, 2018.

P. C.:

Heard the learned counsel for the Applicant. This is an application for setting aside the conditional order dated 18th August, 2017 passed by the learned Registrar (Judicial-II) by which the Family Court Appeal stands dismissed for non removal of office objections.

The learned counsel for the Applicant submits that the Applicant undertakes to remove all office objections within two Aswale 1/2

21.cam.78.18.doc weeks from today. The same is accepted.

Considering the submissions made by the Applicant and the averments made in the Civil Application, we are satisfied that the Applicant has made out the case for allowing this Civil Application. Hence, the following order:- (a) The order dated 18th August, 2017 passed by the Registrar (Judicial-II) is set aside.

(b) Family Court Appeal (st)No.6506 of 2017 is restored on file for hearing on its own merits.

(c) The Applicant to remove all office objections in Family Court Appeal (st)No.6506 of 2017 within two weeks from today failing which Civil Application shall stand dismissed without further reference to the Court.

(d) The Civil Application stands disposed of accordingly. ( B. P. COLABAWALLA, J. ) ( K. K. TATED, J. ) Aswale 2/2