Anil Sitaram Pawar v. Sau. Simran Bhagwan Sindhi And ORS
by HEMANT CHANDERSEN SHIV Date:
2022.09.27 17:28:36 +0530 HEMANT CHANDERSEN SHIV 1/2 503.ia 2420.22.doc Shiv
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.2420 OF 2022 IN REJECTED CASE NO.2348 OF 2019 Anil Sitaram Pawar ... Applicant V/s.
Simran Bhagwan Sindhi & Ors.
... Respondents Mr. N.R. Bubna for the Applicant.
CORAM : S. M. MODAK, J.
DATED : 23RD SEPTEMBER 2022.
P.C:- 1.
Heard learned Advocate Mr. Bubna for the Applicant. 2.
Learned Registrar Judicial-II as per order dated 5th July 2019 was pleased to grant four weeks time to remove office objections failing which Second Appeal shall stand refused for registration. Second Appeal was dismissed accordingly.
3.
The Applicant/Appellant is now ready to remove office objections. There is delay of 2 years and six months for filing restoration application.
4.
For the reasons mentioned in the Application, it is allowed in terms of prayer clause (a) subject to removal of office objections within a period of three weeks.
2/2 503.ia 2420.22.doc Civil Application Stamp No.2658 of 2019 5.
Yet any order in Appeal is not passed because office objections are yet to be removed. It is submitted that the execution is kept on 29th September 2022.
6.
My attention is invited to the judgment of the trial Court. The present Appellant is vendor and he was directed to refund the earnest money of Rs.8,00,000/- along with interest and also to pay compensation of Rs.10,00,000/-. The Appellant has already deposited the earnest money along with interest before the trial Court. He seeks time to deposit the amount of compensation at reasonable quantum as ordered by this Court now.
7.
In view of that interim relief in terms of prayer clause (a) till the next date subject to deposit of Rs.5,00,000/- within a period of four weeks before the trial Court.
Second Appeal Stamp No.2657 of 2019 8.
Second Appeal be kept on 23rd November 2022 for admission. (S. M. MODAK, J.)