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Bombay High CourtCAM/87/2018

Sau.Vinita Sunil Bhate And ORS. v. Shri.Sunil Arvind Bhate

2018-04-09Hon'Ble Shri Justice K.K. Tated,Hon'Ble Shri Justice B.P. Colabawalla2 pages

10.87.18-cao.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.87/2018 IN REJECTED CASE NO.427/2018 IN FAMILY COURT APPEAL (ST) NO.27522/2017 Sou. Vinita Sunil Bhate ... Applicant V/s.

Sunil Arvind Bhate ... Respondent Mr. Chandrakant S. Jadahv for the Applicant

CORAM:

K.K. TATED & B. P. COLABAWALLA, JJ.

DATED :

APRIL 9, 2018 P.C. :

Heard. This Application is for restoration of the Family Court Appeal (ST) No.27522/2017 which stood dismissed in view of order dated 08.01.2018 passed by the learned learned Registrar (Judicial-II) for non removal of the office objections within stipulated time. The learned counsel for the Applicant submits that because of advocate's personal difficulty, it remained on his part to remove all office objections. He undertakes to remove all office objections within two weeks from today. The statement is accepted. Basavraj G. Patil 1/2

10.87.18-cao.doc Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, we are satisfied that the Applicant has made out a case for allowing the present Civil Application.

Hence, the following order:

a) Delay in making the Civil Application is condoned. b) Order dated 08.01.2018 passed by the learned Registrar (Judicial-II) is set aside.

c) The Family Court Appeal (ST) No.27522/2017 is restored to file for hearing on merits.

d) The Applicant is directed to remove all office objections in Family Court Appeal on or before 27.04.2018, failing which the Civil Application shall stand dismissed without further reference to the court.

e) Civil application stands disposed off accordingly. (B. P. COLABAWALLA, J.) (K.K. TATED, J.) Basavraj G. Patil 2/2