Haji Sayyad Habib Sayyad Nabab Saheb Peerzada (Since Deceased) Through Legal Heirs v. Sabirali Hidayatali Peerzada (Since Deceased) Through Legal Heirs And ORS

1063.15-caa FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.1033/2015 IN APPEAL FROM ORDER (ST) NO.12718/2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S. P. Dighe for the Applicant CORAM : K. K. TATED, J.

DATE : AUGUST 10, 2015 P.C.:

1.

Heard. This Application is for restoration of the present Appeal from Order which was dismissed in view of conditional order dated 13/11/2014 passed by the learned Registrar, Judicial-II.

2.

Considering the submissions made by the learned counsel for the Applicant and the reasons disclosed in paragraph 3 to 5 of the Civil Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

Basavraj G Patil 1/2

1063.15-caa 3.

Hence, the following order:

a) Delay in preferring the Civil Application is condoned.

b) Order dated 13/11/2014 passed by the learned Registrar, Judicial-II is set aside.

c) The present Appeal from Order is restored to file.

d) The Appellant is directed to remove all office objections within 8 weeks from today, failing which the Appeal shall stand dismissed without further reference to the court.

e) Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2