Ajay Shankar Shinde And ORS v. Satyawan Rambhau Warghade And ORS

Rane * 1/2 * CA-193-2016.doc (sr. no.50) Friday,18.3.2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 193 OF 2016 IN REJECTED CASE NO. 126 OF 2016 IN APPEAL FROM ORDER (ST) NO. 34345 OF 2014

1. Ajay Shankar Shinde and Ors.

......Applicants (Appellant nos.1 & 2) V/S.

1. Satyawan Rambhau Warghade & Ors.

......Respondents (Resp.1 to 4-Original Plaintiffs, Resp. Nos.5 to 8-Original Defd.

Nos.4 to 7) * * * * * * Mr. Parag M. Tilak, Advocate for the appellant. Coram :- Coram :- Smt. R.P. SondurBaldota, J.

Smt. R.P. SondurBaldota, J.

18th th March, 2016.

March, 2016.

P.C. :- P.C. :- 1).

This Civil Application is for restoration of the Appeal from Order which was dismissed pursuant to the order dated 9th December, 2015 passed by the Registrar Judicial. By that order, the appellant was granted time of 4 weeks to remove office objections, failing which the

Rane * 2/2 * CA-193-2016.doc (sr. no.50) Friday,18.3.2016 registration of the appeal was to be refused. Mr. Tilak, the learned Advocate for the appellant states that the only objection in the appeal was absence of signature on the memo of appeal by appellant no.3 i.e. Ashok Palande. He states that, infact the appellants had, on 9th May, 2015 filed an application for transposing appellant no.3 as a respondent since he was not available for signing the proceedings. In the circumstances, the Civil Application for restoration of the appeal from order is allowed in terms of prayer clauses (a) and (b). The Appeal from Order is adjourned by 4 weeks to enable the appellant to remove office objections.

(SMT. R.P. SONDURBALDOTA, J) (SMT. R.P. SONDURBALDOTA, J)