Smt. Taibai Motiram Bhagat And ORS. v. Shri. Gopinath Babu Patil

ppn 1 32.cas-1336-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1336 OF 2016 IN SECOND APPEAL NO. 772 OF 1997 Smt.Taibai Motiram Bhagat & Ors.

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Applicants Vs.

Shri Gopinath Babu Patil & Ors.

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Respondents --- Mr.Dilip Shinde for Applicants.

Ms.Monica Kshirsagar for Respondents.

--- CORAM : R.D. DHANUKA, J.

DATE : 2nd September 2016 P.C.

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By this civil application, the applicants seek condonation of delay of 75 days in filing the civil application and has prayed that the order dated 5th January 2016 passed by the learned Registrar (Judicial-II) be set aside.

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I have heard the learned counsel for the parties. Learned counsel for the applicants submits that office objections would be removed within two weeks from today. Statement is accepted. 3.

For the reasons recorded in the civil application and in view of the statement made by the learned counsel for the applicants, the delay of 75 days is condoned. The order dated 5th January 2016 passed by the learned Registrar (Judicial-II) is set aside on the condition that all office objections are removed within two weeks from today. If all office objections are not removed within two weeks, the second appeal shall stand dismissed without further reference to the Court. No order as to costs. It is made clear that filing of decree of the Appellate Court is dispensed with.

R.D. DHANUKA, J.