Malhari Sakharam Avhad And ORS. v. Babibai Baban Kute (Since Decd) Through Lrs.
11 caw1961-16 FARAD CONTINUATION SHEET
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1961 OF 2016 IN WRIT PETITION (ST) NO.8660 of 2012 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Karan S.Thorat for the applicant CORAM : K. K. TATED, J.
DATE : SEPTEMBER 8, 2016 P.C.:
Heard the learned counsel for the applicant.
As per order dated 18.8.2016 advocate filed affidavit dated 8.9.2016. Same is taken on record. This application is for restoration of Writ Petition (ST) No.8660 of 2012 which was dismissed in view of conditional order dated 29.9.2015 passed by learned Registrar (Judicial-I) for non-removal of office objections within stipulated time.
The learned counsel for the applicant submits that inadvertently it remained on their part to remove office objections. He submits that applicant undertakes to remove all office objections within 4 weeks from today. He submits that in the Mohite 1/2
11 caw1961-16 interest of Justice, this Hon'ble Court be pleased to condone the delay and restore the Writ Petition on file for hearing on its own merits. He submits that because of mistake on the part of advocate, litigant should not suffer.
Considering the submissions made by the learned counsel for the Applicant, additional affidavit dated 8.9.2016 and for the mistake on the part of advocate, litigant should not suffer, I am satisfied that in the interest of Justice, Writ Petition be restored on file. Hence, following order is passed:
a) Order dated 29.9.2015 passed by learned Registrar (Judicial-I) is set aside.
b) Writ Petition (ST) No.8660 of 2012 is restored on file for hearing on its own merits. c) Four weeks time is granted to the applicant to remove all office objections in Writ Petition (ST) No.8660 of 2012 failing which Writ Petition shall stand dismissed without referring back to the court.
d) Civil application stands disposed off accordingly.
JUDGE Mohite 2/2