Shri. Ashok Rangnath Machale v. Kum. Nilesh Ashok Machale

37-CAS-878-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO.878 OF 2016 IN CIVIL APPLICATION NO.894 OF 2015 IN SECOND APPEAL (ST) NO.1061 OF 2013 Shri Ashok R. Machale ... Applicant.

V/s.

Nilesh Ashok Machale & Anr.

... Respondents.

Mr. Manoj Patil, Advocate for the Applicant. Mr. Avinash Gokhale, Advocate for the Respondent Nos.1 and 2.

CORAM : N.M. Jamdar, J.

Friday 17 June, 2016.

P.C. :- Civil application No.878 of 2016 is filed for restoration of Civil Application No.894 of 2015 and the Civil Application No.894 of 2015 is filed for restoration of the Second Appeal Stamp No.1061 of 2013. Perused the applications.

Heard learned counsel for the Parties and the reply filed. The registration of the appeal was refused since the applicant was not able to file certified copy of Shivgan

37-CAS-878-2016.doc the judgments under challenge within time. Thereafter the Civil Application No.894 of 2015 was dismissed for non removal of office objections. Considering the facts and circumstances, it will be appropriate if the dispute between the parties is considered on merits at an early date. The Civil Application Nos.878 of 2016 and 894 of 2015 are ,accordingly, allowed. The Second Appeal Stamp No.1061 of 2013 stands restored to the file. Place the appeal on board on 5.7.2016 since all office objections have already been removed.

- (N.M. Jamdar, J.) Shivgan