Smt. Krishnabai Rajaram Lonkar And ORS. v. Prop. Shri. Sanjay Sakharam Kamble On Behalf Of Shri M/S. Sai Properties And ORS.

18.CAF2796_2015.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2796 OF 2015 IN R.C. NO. 1731 OF 2014 Smt. Krishnabai Rajaram Lonkar & Ors.

...

Applicants vs.

Prop. Sanjay Sakharam Kamble & Anr.

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Respondents Mr. J.S. Yadav i/b. Mr. Balasaheb R. Deshmukh, Advocate for the applicants.

Mr. P.G. Chavan, Advocate for the respondents. CORAM: MRS.MRIDULA BHATKAR, J.

DATE : AUGUST 28, 2015 P.C.:

This Application is moved for restoration of First Appeal, which was dismissed for want of removal of office objections. It is submitted that the said order of dismissal dated 24th July, 2014 passed by the Registrar (Judicial-II) is to be set aside.

2.

The learned counsel for the respondents submitted that the respondents have filed caveat and he had appeared earlier. He submitted that notices are required to be issued. 3.

By this Application, the applicants/appellants are not seeking any order against the respondents, as this is an Application for restoration of

18.CAF2796_2015.doc First Appeal, which was dismissed before issuance of the notice for noncompliance of the office objection. The said order of the Registrar (Judicial-II) is hereby set aside. The learned counsel for the applicants is directed to comply with the order and remove the office objections within two weeks.

4.

Civil Application is allowed and accordingly disposed of. 5.

In First Appeal, Issue notice to the respondents, returnable on 25th September, 2015.

6.

Place the First Appeal for admission on 25th September, 2015. (MRS.MRIDULA BHATKAR, J.)