Popatlal Babulal Oswal (Deceased Thru Lrs.) 1. Lata Popatlal Oswal v. Mansing Shankar Gharal

12. cas 1948-17.doc DDR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1948 OF 2017 IN REJECTED CASE NO. 1101 OF 2018 Popatlal Babulal Oswal (since deceased) through his heirs and LRs

1. Lata Popatlal Oswal & ors.

..Applicants

IN THE MATTER BETWEEN

Popatlal Babulal Oswal (since deceased) through his heirs and LRs

1. Lata Popatlal Oswal & ors.

..Appellants vs.

Mansing Shankar Gharal & ors.

..Respondents ....

Mr. Vijay R. Garad I/b. Mr. Vikas Kolekar for applicants. ....

CORAM : M.S.KARNIK, J.

DATE : 12th JULY, 2019 P.C. :

This is an application for restoration of the Second Appeal (St.) No. 23055 of 2017 and for setting aside the order dated 5/3/2018 passed by the Registrar, Judicial-II for failure on the part of the appellant in removing the office objections. 1/2

12. cas 1948-17.doc 2.

For the reasons mentioned in the application, delay of 1 year and 1 day in filing the application deserves to be condoned.

3.

Further for the reasons mentioned in the application, the order dated 5/3/2018 deserves to be quashed and set aside. This is, however, subject to payment of cost of Rs.2000/- to Kirtikar Law Library and to remove all office objections within a period of two weeks.

4.

The Civil Application is disposed of.

(M.S.KARNIK, J.) 2/2