Shri.Prabhakar Dattatray Kshirsagar v. Shri.Ramakant Dattatray Kshirsagar And Others

Rane 1/2 CAST-9245-2019 (sr. 523) 27.3.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (ST) NO. 9245 OF 2019 IN REJECTED CASE NO. 456 OF 2019 Shri. Prabhakar Dattatray Kshirsagar .....Applicant V/s.

Shri. Ramakant Dattatray Kshirsagar and Ors.

....Respondents **** Mr. Balasaheb Deshmukh, Advocate for the applicant. Mr. Aumkar V. Joshi, Advocate for respondents no.2A and 3 to 5.

CORAM : SANDEEP K. SHINDE, J.

CORAM : SANDEEP K. SHINDE, J.

Wednesday, 27 Wednesday, 27th th March, 2019.

March, 2019.

P.C. :

P.C. :

1.

Leave to amend is granted.

2.

It is an application for restoration of the Appeal which was dismissed in terms of the order dated 4th October, 2018 passed by Registrar (Judl-II) which was a self-operative

Rane 2/2 CAST-9245-2019 (sr. 523) 27.3.2019 order.

3.

Heard learned Counsel for the parties.

4.

That for the reasons stated in the application, the delay is condoned. The application is allowed in terms of prayer clause (a).

5.

The learned Counsel for the applicant undertakes to remove all office objections within two weeks from today. The Undertaking is accepted. The application is allowed in terms of prayer clause (b) subject to a condition that, if the office objections are not removed within the stipulated period, the Appeal shall stand dismissed without further reference to the Court.

6.

The Civil Application is allowed in the aforesaid terms. (SANDEEP K. SHINDE, J)