Dnyandeo Ramkrishna Kale v. Vijaykumar Ramkrishna Kale And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1539 OF 2015 IN REJECTED CASE NO.1046 OF 2015 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.Samir Kumbhakoni for the applicant

CORAM

: K.K.TATED, J.

DATED : 06/10/2015 PC:

Heard the learned counsel for the applicant.

This application is preferred by plaintiff for restoration of Second Appeal (ST) No.27620 of 2014 which was dismissed in view of conditional order dated 10.2.2015 passed by learned Registrar (Judicial - II) for non-removal of office objections. The learned counsel for the applicant undertakes to remove all office objections within two weeks from today. Same is accepted.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for following order:

1/3

a) Order dated 10.2.2015 passed by learned Registrar (Judicial - II) is set aside.

b) Second Appeal (ST) No.27620 of 2014 is restored on file for hearing on its own merits. c) Applicant to remove all office objections within two weeks from today, failing which Civil Application shall stand dismissed without referring back to the court.

d) Civil application stands disposed off accordingly.

(K.K.TATED, J.) 2/3

CERTIFICATE Certified to be true and correct copy of the original signed order.

3/3