Namdeo Dattoba Dhavan (Deceased) Thru Lrs. v. Smt.Chhaya W/O Vasantrao Dhavan

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1037 OF 2018 IN SECOND APPEAL (STAMP) NO.32807 OF 2016 Namdeo Dattoba Dhavan (Since Deceased), Through LRs.:- Indubai Namdeo Dhavan and Anr.

.... Applicants V/s.

Chhaya Vasantrao Dhavan and Anr.

.... Respondents Mr. Vikram Walawalkar, I/by Mr. Amit B. Borkar, for the Applicants. Mr. M.G. Bagkar, I/by Mr. Chetan G. Patil, for Respondent No.1. CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 14 TH AUGUST, 2018.

P.C. :

1.

Heard learned counsel for the Applicants and Respondent No.1. 2.

This is an application to recall the conditional order dated 29th March 2017 passed by the Registrar (Judicial-II), as a result of which the Second Appeal came to be dismissed for default for non-removal of office objections.

3.

Learned counsel for the Applicants submits that, he will remove the office objections within eight days from today. 1/2 CAS-1037-18.doc

4.

In view thereof, the delay of 3 days caused in filing this Civil Application is condoned and the order dated 29th March 2017 passed in the Second Appeal is recalled. The Second Appeal is restored to its original file, subject to the Applicants-Appellants removing office objections within a period of eight days from today. 5.

If the office objections are removed within the stipulated time, place the Second Appeal (St.) No.32807 of 2016 for admission as per C.M.I.S. date.

6.

Civil Application is disposed off in the above terms. [DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2 CAS-1037-18.doc