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Bombay High CourtCAS/715/2015allowed

Shri. Motiram Mahadu Patil v. Shri. Maruti Dharma Patil And Others

2015-04-24Hon'Ble Shri Justice Rajesh G. Ketkar2 pages

CAS715_15.doc

IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.715 OF 2015 IN SECOND APPEAL (ST.) NO.34717 OF 2013 (Motiram Mahadu Patil Vs. Maruti Dharma Patil and ors.) Office Notes, Office Memoranda of Coram, appearances,Court's orders, or directions, and Registrar's Orders Court's or Judge's orders Mr. Arjun Kode for Applicant.

CORAM : R. G. KETKAR, J.

DATE : 24TH APRIL, 2015 P.C.:

Heard Mr. Kode, learned Counsel for applicant. 2.

Mr. Kode submitted that by order dated 30.07.2014, learned I/c.Registrar (Jud.II) gave four weeks time to remove office objections, failing which, registration of Second Appeal (St.) was to stand refused for nonprosecution. He further states that notices in the main appeal were not issued to the respondents. He assures that after restoration of the Second Appeal, within 8 weeks from today, he will remove all the office objections. 3.

In view of the assurance and for the reasons stated in the application, I am satisfied that applicant has made out sufficient cause for condoning the delay. Hence, Civil Application is allowed in terms of prayer clauses (a) and (b) 1/2

CAS715_15.doc with no order as to costs. Second Appeal (St.) No.34717 of 2013 is restored to the file of this Court. Applicant shall remove office objections within 8 weeks from today. (R. G. KETKAR, J.) Minal Parab 2/2