1.Anjuman Tahzeebul Akhalaque And Others v. 1.Akhtar Ahmed Siddiqui And Others

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IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 627 OF 2015 IN R.C. NO. 111 OF 2015 Anjuman Tahzeebul Akhalaque and others .. Applicants Vs.

Akhtar Ahmed Siddiqui and others .. Respondents Mr.Rahul P.Deodhar i/b Mr.Suresh M.Kamble, Advocate for the Applicants.

CORAM :

R. G. KETKAR, J.

DATE : 17th APRIL, 2015 P.C. :

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Heard Mr.Rahul P.Deodhar, learned Counsel for the applicants.

2.

This is an application for restoration of the Second Appeal by recalling order dated 22/12/2014 passed by the Registrar (Judicial - II) after condoning the delay of 11 days in filing the Civil Application.

3.

Mr.Deodhar submitted that by order dated 22/12/2014, applicants were given 4 weeks time to remove following office objections, failing which registration was to stand refused. a) Original C.C. of grounds of Appeal not filed. b) Original C.C.of Trial Court judgment and decree not filed.

c) Value of claim is not mentioned.

d) V.P. not filed for appellant No.1.

e) Spare copy of memo not filed.

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Mr.Deodhear submitted that within 2 weeks from restoration of the Second Appeal, he will remove office objections. He further submitted that notices were not issued to the respondents in the Second Appeal.

5.

In view thereof and for the reasons stated in the application, I am satisfied that applicants have made out a sufficient cause of condoning the delay. Hence, Civil Application is allowed in terms of prayer clauses (a) & (b) with no order as to costs. Second Appeal is restored to the file of this Court. The applicants shall remove office objections within 2 weeks from today. (R. G. KETKAR, J.) 2/2