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Bombay High CourtCAW/2665/2018

Smt. Kevalbai Devidas Ahire And ORS. v. Shri. Bhagwan Santosh Gosavi And ORS.

2019-01-11Hon'Ble Shri Justice K.K. Tated2 pages

142-caw-2665-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2665 OF 2018 IN WRIT PETITION (ST.) NO.13780 OF 2016 Kevalbai Devidas Ahire and Ors.

... Applicants V/s.

Bhagwan Santosh Gosavi and Ors.

... Respondents Mr. S.P. Dighe, for the Applicants.

CORAM:

K.K. TATED, J.

DATED : JANUARY 11, 2019 P.C. :

Heard the learned counsel for the Applicants. By this Civil Application, the Applicants are seeking to set aside the order dated 9th January, 2017 passed by the learned Registrar (Jud-I) by which the Writ Petition (St.) No. 13780 of 2016 stands dismissed for non removal of office objections.

The learned counsel for the Applicants submit that the Applicants undertakes to will remove all office objections or or before 28th February, 2019.

Considering the submissions made by the learned counsel for the Applicants and the averments made in the Civil Vishal Parekar 1/2

142-caw-2665-2018.doc Application and as the Applicants are ready to remove all office objections on or before 28th February, 2019, I satisfy that the Applicants have made out case for allowing the Civil Application. Hence, following order:

(a) Delay in filing Civil Application is condoned. (b) Order dated 9th January, 2017 passed by the learned Registrar (Jud-I) is set aside.

(c) Writ Petition (St.) No. 13780 of 2016 is restored on the file for hearing on its own merits.

(d) Applicants to remove all the office objections on or before 28th February, 2019 failing which the Writ Petition shall shatd dismissed without further reference to the Court. 5.

Civil Application is disposed of accordingly. 6.

No order as to the costs.

(K. K. TATED, J.) Vishal Parekar 2/2