Mr.Vijay Dhanaliya(Deceased) Through Legal Representative Smt.Sonal Vijay Dhanaliya v. Mr.Jayesh Champaklal Mayani

24 caf1397-18.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1397 OF 2018 IN FIRST APPEAL (ST.) NO.18748 OF 2017 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms.Karuna Yadav i/b Mr.Ramprakash Pandey for the applicant CORAM : K. K. TATED, J DATE : JULY 16, 2019 P.C.:

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Heard.

By this Civil Application, Applicant is seeking to set aside the order dated 9.11.2017 passed by learned Registrar (Judicial-II) by which First Appeal (ST) No.18748 of 2017 stands dismissed for non-removal of office objections.

The learned counsel for the Applicant submits that original Applicant Vijay Mohite 1/2

24 caf1397-18.doc Dhanaliya died on 14.8.2017 i.e. before passing the order by the learned Registrar on 9.11.2017. Hence it remained on the part to remove all office objections within time. He submits that Applicant undertakes to remove all office objections within four weeks from today. Same is accepted.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, the following order:

a) Order dated 9.11.2017 passed by learned Registrar (Judicial-II) is set aside.

b) First Appeal (ST) No.18748 of 2017 is restored on file for hearing on its own merits. c) Applicant to remove all office objections in First Appeal (ST) No.18748 of 2017 on or before 31.08.2019, failing which the First Appeal shall stand dismissed without further reference to the court.

d) Civil application stands disposed off accordingly.

e) No order as to costs.

(K.K.TATED, J.) Mohite 2/2