Nandalal Shambhu Yadav v. Kailash Yadav And ANR

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION I.A. NO. 3768 OF 2020 IN F.A. NO. 2245 OF 2007 AND F.A. (ST) NO. 6911 OF 2022 AND F.A. (ST) NO. 7813 OF 2022 AND F.A. (ST) NO. 8947 OF 2022 AND F.A. (ST) NO. 9350 OF 2022 AND F.A. (ST) NO. 11758 OF 2022 AND F.A. (ST) NO. 8947 OF 2022 AND I.A. (ST) NO. 20020 OF 2022 IN F.A. NO. 2501 OF 2005 WITH I.A. (ST) NO. 12194 OF 2022 IN F.A. NO. 2502 OF 2005 WITH I.A. (ST) NO. 12209 OF 2022 IN F.A. NO. 2501 OF 2005 WITH I.A. (ST) NO. 20027 OF 2022

IN F.A. NO. 2502 OF 2005 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Court's or Judge's order Registrar's orders CORAM : H.M. BHOSALE REGISTRAR (JUDL-II) Date : 30/11/2022 Adv. Rajashree Hinge i/b Adv. A. A. Gargepresent for Appellant in F.A. St. No. 8947 of 2022.

Adv. Niranjan Bhavake i/b Bhavake and Bhavake Associates present for Appellant in F.A. St. No. 9350 of 2022.

Adv. Mohan Kumbhar i/b Adv. Dushyant Pagare for Appellant in F.A. St. No. 8789 of 2022 Adv. Saurabh Desai i/b Adv. S. K. Hande present for Applicant in I.A. St. No. 20020 of 2022, I. St. No. 12194 of 2022, I.A. St. No. 12209 of 2022 & I. A. St. No. 20027 of 2022 None present in rest of the matters.

The above numbered Interim Application No. / Interim Application (St.) / First Appeal (ST) are listed on the board of Registrar third time. Already four weeks time has been granted, however, despite granting four weeks time, the office objections are not removed.

Here reference to Chapter V of the Bombay High Court, Appellate Side Rules, 1960 [For short "Rules"] may be conveniently made. It states about Procedure after presentation, Removal of office objections etc.

In view of provisions under Rule 3 (ii), the Advocates / Parties are expected to remove the office objections within 14 days from the date of notification.

Rule (5) further provides that, if the office objections are not removed as provided under Rule 3, the office shall place the matter before the Registrar, who shall refuse the registration of all such matters.

The prescribed time to remove the office objections provided under Rules 1960 has been expired long back. Thereafter also 04 weeks time was granted, but all in vain. The matter is lying ideally without any progress due to non removal of office objections. However, instead of passing order of refusal of registration or dismissal outrightly, it would be just and proper to give one opportunity to remove the office objections.

In turn, two weeks time is granted with directions to remove the office objections without fail. On failure, registration of I.A. Stamp & F.A. Stamp would stand refused / I. A. No. would stand dismissed without further reference to the Court of Registrar. No further extension will be granted. REGISTRAR (JUDL-II)