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Bombay High CourtIA/3849/2023disposed off

Mr Pandurang Ramchandra Chavan Through Poa v. Narayan Ramchandra Chavan Decased Through Lrs

2023-04-26Hon'Ble Shri Justice Madhav J. Jamdar2 pages

923-ia-3849-2023.doc Pallavi

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.3849 OF 2023 by PALLAVI MAHENDRA WARGAONKAR Date:

2023.04.29 13:06:12 +0530 PALLAVI MAHENDRA WARGAONKAR (E-FILING) IN SECOND APPEAL (ST) NO.19400 OF 2022 Mr. Pandurang Ramchandra Chavan ...Applicant

Versus

Narayan Ramchandra Chavan (Since Deceased Thr. LRs.) and Ors.

...Respondents

 Ms. Swatantri Waghmare, for the Applicant.

CORAM : MADHAV J. JAMDAR, J.

DATE : 26th APRIL 2023 P.C. :

1.

Heard Ms. Swatantri Waghmare, learned counsel appearing for the Applicant.

2.

Interim Application is taken out for setting aside the order dated 7th December 2022 passed by the learned Registrar (JudicialII). 3.

By the said order dated 7th December 2022, conditional order was passed by the learned Registrar (Judicial-II) directing removal of office objections within a period of two weeks failing which registration of the Second Appeal was directed to be refused. 1/2

923-ia-3849-2023.doc Pallavi 4.

Ms. Waghmare, learned counsel appearing for the Applicant states that the Second Appeal is yet to be admitted and none appears for the Respondents. She states that in prayer clause (c) of the Interim Application, the date of order is wrongly mentioned as "24th January 2019" instead of "7th December 2022" and it has been stated that the order is passed by "the High Court" instead of "Registrar (Judicial-II)".

5.

For the reasons set out in the Interim Application, the same is allowed in terms of prayer clauses (b) and (c). As a result, the order dated 7th December 2022 passed by the learned Registrar (Judicial-II) dismissing the Second Appeal (St) No.19400 of 2022 for non-removal of office objections is recalled and set aside and the Second Appeal is restored to the file.

6.

Applicant to remove office objection within a period of 12 weeks from today.

7.

Interim Application is disposed of in above terms with no order as to costs.

[MADHAV J. JAMDAR, J.] 2/2