Haribhau Thaku Randive v. Chandrashekar Namdev Wajge

1/2 15 IA-2887-20.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by SALGAONKAR M M Date: 2022.05.05 17:04:30 +0530 INTERIM APPLICATION NO.2887 OF 2020 SALGAONKAR M M IN REJECTED CASE NO.2259 OF 2019 Haribhau Thaku Randive ..

Applicant

Versus

Chandrashekhar Namdev Wajge ..

Respondent ...

Mr.Milind A. Ingole for the Applicant/Appellant. Ms.Mrunmayi Khambete i/b Mr.Vilas S. Tapkir for the Respondent No.1.

...

CORAM: BHARATI DANGRE, J.

DATED : 04th MAY 2022 P.C:- 1.

By the present application, the order refusing registration to the second appeal, is sought to be set aside and it is prayed that the second appeal be restored to the fle. 2.

Heard the learned counsel for the applicant and the learned counsel for respondent No.1.

On 01/08/2019, the Registrar (Judicial II) passed a conditional order for removal of offce objections within a M.M.Salgaonkar

2/2 15 IA-2887-20.doc period of four weeks, failing which the appeal was refused registration. Since the objections were not removed, the order took it's effect and the appeal stood dismissed. On realizing that the appeal has been dismissed, the application is taken out for it's restoration after a period of 181 days and, therefore, the delay is also sought to be condoned. 3.

On perusal of the application, I am satisfed that the appeal deserves to be restored by condoning the delay. However, this shall be subject to deposit of Rs.5,000/- by the counsel for the applicant in the Kirtikar Law Library within a period of four weeks from today.

The application is allowed in terms of prayer clause (b). 4.

The applicant shall remove the offce objections within a period of four weeks from today. On the appeal being registered after removal of the offce objections, the copy of the same shall be served on the other side.

( SMT. BHARATI DANGRE, J.) M.M.Salgaonkar