Dashrath Sukhari Saw v. Tulsi Gaondoari Saw And ANR.

(32)-IA-7015-24.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2024.05.06 10:59:25 +0530 INTERIM APPLICATION NO.7015 OF 2024 BALAJI GOVINDRAO PANCHAL IN FIRST APPEAL STAMP NO.4511 OF 2023 Dashrath Sukhari Saw ..Applicant

Versus

Tulsi Gaondoari Saw & Anr.

..Respondents Ms. Rina Kundu, for the Applicant.

CORAM : KISHORE C. SANT, J.

DATE : 3rd MAY, 2024 P.C.

1.

This Application is filed for restoration of the First Appeal that came to be dismissed for default in view of conditional order passed by learned Registrar (Judicial-II) of this Court dated 29.01.2024. As the office objections were not removed, the Appeal came to be dismissed.

2.

Learned advocate for the Applicant undertakes to remove objections within four weeks from today and prays to this Court to restore this Appeal thereafter. There is also delay of six days caused in filing this Application.

3.

Since no notice was issued in the Appeal, this Court feels BGP.

(32)-IA-7015-24.doc.

that for allowing the Application also, no notice is required. Hence, the following order :- i) For the reasons stated in the application, the same is allowed. Delay stands condoned.

ii) First Appeal Stamp No.4511 of 2023 stands restored to its original position, subject removal of objections within four weeks from today.

iii) Office to allow the Applicant to remove objections within four weeks.

4.

The Application stands disposed of.

[KISHORE C. SANT, J.] BGP.