Mr. Rajayshankar Rajbali Yadav v. Smt. Dhanalaxmi D/O Shreeram Yadav

27.cam84.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 84 OF 2017 IN FAMILY COURT APPEAL NO. 147 OF 2016 Rajayshankar Rajbali Yadav.

..Appellant.

Vs.

Smt. Dhanalaxmi D/o Shreeram Yadav.

..Respondent.

Mrs. Sucheta D. Ghaisas i/b. Shri I.R. Kulkarni, for the Appellant. CORAM : R. M. SAVANT & SMT.SADHANA S. JADHAV,JJ DATE : 29th JUNE, 2017 P.C.

The above Civil Application has been filed for restoration of the above Family Court Appeal, which has been dismissed for non­prosecution on account of the conditional order dated 9/12/2016 passed by the learned Registrar (Judicial II) of this Court. The said conditional order mandated the Appellant to remove the office objections within a particular time frame, failing which the Appeal was to stand dismissed for non­prosecution. On account of default, the said conditional order became operative and Appeal stood dismissed for non­prosecution.

The Applicant also prays for condonation of delay of 47 days in Talwalkar

27.cam84.17 filing the Application. The reasons for which are mentioned in the above Civil Application.

The Civil Application is accordingly allowed. Resultantly, the Family Court Appeal is restored to file.

The learned Counsel for the Appellant is granted two weeks time to remove office objections. If the office objections are not removed within the time stipulated by the Appellant/Applicant, the above Family Court Appeal to stand dismissed for non­prosecution without further reference to the Court. If the office objections are removed, then the Family Court Appeal to be listed for admission after 5 weeks. The copy of Family Court Appeal to be served on the other side after removal of the office objections. The Civil Application is accordingly disposed of. [SMT.SADHANA S. JADHAV,J] [R.M.SAVANT, J] Talwalkar