Mrs.Manisha Dinesh Patel v. Mr.Dinesh Babulal Patel

19.cam.165.2018.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 165 OF 2018 IN FAMILY COURT APPEAL NO. 175 OF 2017 Manisha Dinesh Patel ...Applicant.

vs Dinesh Babulal Patel

...Respondent.

.....

Mr Vishwanath Patil i/b Sandeep Katke for the Applicant. .....

CORAM : K.K.TATED, & B.P.COLABAWALLA, JJ.

JUNE 29, 2018.

P.C. :

Heard learned counsel for the applicant.

By this application the applicant is seeking to set aside the conditional order dated 24th February, 2018, passed by the Registrar (Judicial-II) by which the Family Court Appeal stands dismissed for non removal of office objection. He submits that the applicant undertakes to remove all office objections within two weeks from today. The same is accepted. Considering the submissions made by the learned advocate for the applicant and the averments made in the Civil Application, we are of the opinion that the applicant has made out a case for the following order:

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19.cam.165.2018.doc (a) The delay in filing the Civil Application is condoned;

(b) The order dated 24th February, 2018 passed by the Registrar (Judicial-II) is set aside;

(c) Family Court Appeal No.175 of 2017 is restored to file;

(d) The applicant to comply the order dated 24th February, 2018 passed by the Registrar (Judicial-II) within two weeks from today failing which the Civil Application shall stand dismissed without further reference to the Court;

(e) The Civil Application stands disposed of accordingly;

(f) No order as to costs;

(B.P.COLABAWALLA, J.) ( K.K.TATED, J.) Pg 2 of 2