Shri. Bharat Arjunrao Sapar (Since Deceased, By His Lrs 1(A) To 1(D)) v. Shri. Vishnu Arjunrao Sapar

35 cas276-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.276 OF 2015 IN SECOND APPEAL NO.421 OF 2014 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.Amit Borkar for the applicant Mr.S.D.Thokade for the respondent no.1

CORAM

: K.K.TATED, J.

DATED : 02/09/2015 PC:

Heard the learned counsel for the parties.

This application is preferred by plaintiff for restoration of Second Appeal which was dismissed for non­removal of office objections as per order dated 5.11.2014 passed by learned Registrar (Judicial­II).

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, following order:

A) Civil Application is allowed in terms of prayer Mohite 1/2

35 cas276-15.doc clause (b) and (c) which read thus:

"(b) Delay of 37 days in filing present Application, may kindly be condoned.

(c) This Hon'ble Court be pleased to recall the Order dated 05.11.2014 passed by Ld.Registrar (Judl­II), and further be pleased to restore the aforesaid Second Appeal (stamp) No.14577 of 2014 on the file of this Hon'ble Court for its disposal on merits."

B) Applicant to remove all office objections within two weeks from today, failing which matter shall stand dismissed without referring back to the court.

C) Stand over for three weeks.

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