Shri. Imam Bandu Mujawar And Others v. Shri. Anna Kalgonda Patil @ Ingrole And Others

10 cas 164-15=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 164 OF 2015 IN SECOND APPEAL (ST) NO. 34088 OF 2012 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Amit Borkar for the applicant.

CORAM : K. K. TATED, J.

DATED : 23/10/2015.

P.C.:

.

Heard learned Counsel for the applicant.

This application is preferred by plaintiff for restoration of Second Appeal (ST) no. 34088 of 2012 which was dismissed in view of conditional order dated 27.02.2013 passed by the learned Registrar (Judicial-II) 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 20.11.2015. Statement is accepted.

Considering the submissions made by the learned counsel for the Applicant, the averments made in paragraph 5 of the civil Application and as the applicant undertakes to remove all office Sneha Chavan 1/2

10 cas 164-15=.doc objections on or before 20.11.2015, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

Hence, the following order:

a) Delay in filing Civil Application is condoned.

b) Order dated 27.02.2013 passed by learned Registrar (Judicial-II) is set aside. c) Second Appeal (ST) no. 34088 of 2012 is restored on file for hearing on its own merits. d) Applicant to remove all office objections on or before 20.11.2015, failing which the Civil Application shall stand dismissed without further reference to the court.

e) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2