Charanjit Singh Harisingh Tiwana v. Satnamsingh Harisingh Tiwana

8-2774-2020-IA=.doc Uday S. Jagtap

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2774 OF 2020 IN FIRST APPEAL NO. 1757 OF 2010 WITH CIVIL APPLICATION (ST.) NO. 11983 OF 2016 IN FIRST APPEAL NO. 1757 OF 2010 Charanjit Singh Harisingh Tiwana .. Applicant In the matter between Satnamsingh Harisingh Tiwana .. Appellant Vs.

Harisingh Bawa Singh & Ors.

.. Respondents .....

Mr. Mukesh V. Aiya for the applicant None for the respondents CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 31st MARCH, 2021 P.C.

1.

Heard the learned Counsel for the applicant.

2.

The Registrar (Judicial-II) by his order dated 1st August, 2016 passed a conditional order granting 4 weeks time to the applicant to remove the office objections, failing which it is stated that registration of Civil Application Stamp shall stand refused. It seems that the applicant has not removed the office objections and, therefore, registration of the Civil Application Stamp was refused by the Registrar (Judicial-II).

8-2774-2020-IA=.doc 3.

Mr Aiya, learned Counsel for the applicant has submitted that due to ill-health of the father of the original plaintiff, he had to leave for Punjab. It was difficult for him to contact his advocate personally and, therefore, the office objections could not be removed. 4.

Considering the reasons given in the application which are sufficient, the order passed by the Registrar (Judicial-II) on 1st August, 2016 is quashed and set aside.

5.

The Civil Application (St.) No.11983 of 2016 stands restored to the file.

6.

The applicant shall remove the office objections within a period of two weeks from today, failing which the application shall stand dismissed without further reference to the Court. 7.

After restoration of the C.A.(st.) No. 11983 of 2016, issue notice to the respondents returnable on 27th April, 2021. 8.

In addition to the Court's notice, the applicant shall serve the respondents with private notice and file an affidavit of service to that effect.

(PRITHVIRAJ K. CHAVAN, J.)