Ramchandra Maruti Khade (D/H) - Smt. Parubai Ramchandra Khade And Others v. Shri Laxman Maruti Khade (D/H) -Smt. Savitri Laxman Khade And Others

Tapadia RR/B.4

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 265 OF 2015 IN REJECTED CASE NO.1852 OF 2014 (SECOND APEPAL (ST) NO.13008 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. Akshay Shinde, i/b Ashutosh M.

Kulkarni, Advocate for Applicants.

CORAM : R.G.KETKAR,J.

DATE : 20/03/2015 PC:

1.

Heard Mr. Akshay Shinde, learned counsel for the applicants.

2.

This is an application for condoning delay of 82 days in filing the application for setting aside the order dated 24.9.2014 passed by Registrar (JudicialII). By that order, the applicants were given four weeks time to remove office objections, failing which registration of Second Appeal Stamp was to stand refused for nonprosecution without further reference to the Court.

3.

Mr. Shinde submitted that the only

office objection was that the applicants did not file certified copy of Appeal Memo. He further stated that notices were not issued to the respondents in the Appeal. Mr Shinde states that within one week from today he will file certified copy of the Appeal Memo.

4.

In view thereof and for the reasons stated in the application, I am satisfied that the applicants have made out a case for condoning the delay. Hence, the Civil Application is allowed in terms of prayers (b) and (c) with no order as to costs.

5.

The applicants shall file certified copy of Appeal memo within one week from today. The Application is disposed of Order accordingly.

(R.G.KETKAR, J.)