Shri. Gulab Imam Mulani v. Gaibisaheb Darga Masjid And ORS.

29-caw743-18 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.743 OF 2018 IN WRIT PETITION (STAMP) NO.29762 OF 2016 Gulab I. Mulani ...Applicant

IN THE MATTER BETWEEN :

Gulab I. Mulani

...Petitioner

V/s.

Gaibisaheb D. Masjid & Ors.

...Respondents

Mr.Rushikesh C. Barge for the Applicant / Petitioner. Ms.Kavita N. Solunke, A.G.P. the State - Respondent Nos.2 and 3. CORAM : R.D. DHANUKA, J.

DATE : 28TH MARCH, 2018.

P.C. :- 1.

By this civil application, the applicant seeks condonation of delay of 26 days in filing the civil application and prays that the order dated 18th December, 2017 passed by the Registrar (Judicial-I) of this Court dismissing the writ petition for non-compliance of the office objections be set aside.

2.

I have heard the learned counsel for the applicant and the learned A.G.P. for respondent nos.2 and 3. In my view, the applicant has made out a case for condonation of delay and for setting aside the order dated 18th December, 2017 passed by the learned Registrar (Judicial-I) on the condition that the applicant removes all office 1/2

29-caw743-18 objections within two weeks from today. It is made clear that no further extension of time would be granted.

3.

If all the office objections are not removed within the time prescribed above, the order passed by this Court to stand vacated without further reference to the Court and the order dated 18th December, 2017 passed by the learned Registrar (Judicial-I) to stand restored.

4.

For the reasons recorded in the civil application, the civil application is made absolute in terms of prayer clauses (A) and (B). No order as to costs.

5.

The petitioner is directed to serve the papers and proceedings in the writ petition upon the respondent no.1 after removal of all the office objections. Affidavit in reply shall be filed within two weeks from the date of service of the papers and proceedings and a copy thereof shall be served upon the petitioner's advocate simultaneously. Rejoinder, if any, shall be filed within one week from the date of service of the affidavit in reply and a copy thereof shall be served upon the respondents' advocate simultaneously.

6.

Place the writ petition on board for admission on 25th June, 2018.

(R.D. DHANUKA, J.) 2/2