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Bombay High CourtCAF/1351/2019

Smt. Sushila Shivaji Chothe v. Smt. Anjana Tukaram Gaikwad And ANR.

2019-04-22Hon'Ble Shri Justice K.K. Tated3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No. 1351/2019 in First Appeal No. 191/2015 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. V. S. Kapse for the Applicant

CORAM

: K.K.TATED, J.

DATED : APRIL 22, 2019 P.C.

Heard. None appeared for the Respondent though duly served. The Affidavit of service is filed.

By this Civil Application, the Applicant - Plaintiff is seeking to set aside the order dated 16.01.2018 passed by the learned Registrar (Judicial-II) by which the Civil Application (ST) No.29746/2017 stood dismissed for non removal of office objections.

The learned counsel for the Applicant submits that the Applicant undertakes to remove all office objections on or before 15.06.2019.

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Considering the submissions made by the learned counsel for the Applicant and as the Applicant is ready and willing to remove all office objections on or before 15.06.2019, I am satisfied that the Applicant has made out a case for allowing the Civil Application. At the same time the Applicant has to pay costs.

Hence, following order is passed:

a.

Delay in filing the Civil Application is condoned.

b.

The order dated 16.01.2018 passed by the learned Registrar (Judicial-II) is set aside.

c.

Civil Application (ST) No.29746/2017 is restored to file for hearing on merits.

d.

The Applicant is directed to remove all office objections in Civil Application (ST) No.29746/2017 on or before 15.06.2019, failing which this Civil Application shall stand dismissed without further reference to the court.

e.

The Applicant to pay costs of Rs.1000/-.

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f.

The cost shall be paid to Kirtikar Law Library, High Court, Mumbai, on or before 04.05.2019 and place a receipt thereof on record, failing which the present Civil Application shall stand dismissed without further reference to the court.

g.

Civil application stands disposed off accordingly.

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