Sakharam Devaji (Devram) Chitte v. Padmanabh Dhondiram Chitte (Deceased) Lrs.

36-CAS-335-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.335 OF 2018 IN REFERENCE CASE NO.764 OF 2017 SAKHARAM DEVAJI (DEVRAM) CHITTE ) AND OTHERS )...APPELLANTS V/s.

PADMANABH DHONDIRAM CHITTE ) (since deceased through his L.Rs.) AND ORS.)...RESPONDENTS Mr.Subhash Gutte, Advocate for the Appellant.

CORAM

: BHARATI DANGRE, J.

DATE : 6th APRIL 2022 P.C. :

By the present application, restoration of the appeal which was refused for registration for non-removal of office objections, by the Registrar (Judicial II) by its order dated 1st February 2017 is stayed.

Heard the learned counsel for the applicant and perused the application.

Digitally signed by ARTI VILAS KHATATE Date:

2022.04.08 11:33:37 +0530 ARTI VILAS KHATATE AVK 1/2

36-CAS-335-2018.doc On 1st February 2017 four weeks time was granted to the applicant/appellant to remove office objections failing which the appeal was directed to be dismissed. The appeal was refused registration since the office objections were not removed. The applicant stated that the order could not be noted by the concerned advocate and therefore, an application came to be moved for its restoration after a period of 79 days and to be specific on 28th April 2017.

On perusal of the application I am convinced that the delay is bonafide and the appeal deserves its registration since it is informed by the learned counsel for the applicant that the office objections stand removed.

The second appeal is restored to file with liberty to circulate the same for admission.

(BHARATI DANGRE, J.) AVK 2/2