Hirachand Baburao Yadav v. Ranjana Hirachand Yadav And ORS.

Sherla V.

cas.92.2018_909.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.92 OF 2018 IN R.C. NO.999 OF 2017 (Sast./27509/2016) Hirachand Baburao Yadav ... Applicant Vs.

Ranjana Hirachand Yadav ... Respondent Mr.Kalpesh Patil h/f Ashwinikumar r. Kapadnis for the Applicant CORAM: MRS.MRIDULA BHATKAR, J.

DATE: MARCH 9, 2018 P.C.:

1.

Liberty to amend prayer clause 7 of the application. Amendment to be carried out forthwith.

2.

Learned Counsel appearing for the applicant submits that before issuance of notice in the appeal, his Second Appeal was dismissed by a conditional order dated 31.1.2017 passed by Registrar (Judicial II) on the ground of non-removal of office objections within the stipulated period. He submits that inadvertently, the office objections were not removed and the order of dismissal was also went unnoticed by him. He, therefore, prays for restoration 1 / 2

cas.92.2018_909.doc of the appeal. He also submits that there is delay of 345 days in filing this application and the same be condoned. 3.

In view of the submissions and for the reasons stated in the Civil Application, the delay is condoned. The order dated 31.1.2017 passed by the Registrar (Judicial) is hereby set aside and the appeal is restored to its original file.

4.

Civil Application is disposed of accordingly. (MRIDULA BHATKAR, J.) 2 / 2