Shri. Bhanudas Baban Shendge v. Smt. Savita Balu Shewale And ORS.

25-CA-1769-2016.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1769/2016 IN FIRST APPEAL 1562/2013 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Advocate Mr. HP Vyas for applicant.

Advocate Mr. Sandeep Waghmare for respodent.

CORAM : K. K. TATED, J DATE : AUGUST 16, 2019.

P.C.:

Heard learned counsel for parties.

2.

By this civil application, applicant is seeking to condone 329 days delay in filing present application and to set aside order dated 18.3.2018 passed by Registrar (Judicial-II) by which First Appeal 1562/2013 and Civil Application no.4021/2013 stand dismissed for non removal of office objection.

Chitra Sonawane 1/2

25-CA-1769-2016.doc 3.

Learned counsel for applicant submits that inadvertently it remained on their part to remove all office objections. He undertakes to remove all office objections on or before 21.9.2019. Same is accepted.

4.

Considering the submissions made by learned counsel for applicant and the averments made in application, following order is passed. a) Delay in filing civil application is condoned. b) Order dated 18.3.2015 passed by learned Registrar (Judicial II) is set aside.

c) First appeal 1562/2013 and Civil Application No. 4021/2013 is restored on file for hearing on its own merits.

d) Applicants to remove all office objections on or before 21.9.2019 filing which civil application shall stand dismissed without referring back to the court.

e) If office objections are removed , Registry is directed to place on board FA 1562/2016 with Civil Application No.4021/2013 for direction. f) Civil application stands disposed of.

g) No order as to cost.

(K.K.TATED, J.) Chitra Sonawane 2/2