Shri.Shrirang Purshottam Jahagirdar v. Shri.S.Narindarsingh Jagdishsingh Sasan And ORS.

551- CAFST 12880 of 2019 Tikam

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPICATION (ST) No. 12880 OF 2019 IN FIRST APPEAL (ST) No. 6164 OF 2018 Shrirang Purshottam Jahagirdar ...Applicant Vs.

S. Narindarsingh Jagdishsingh Sasan and Ors.

...Respondents

----- Mr. N.P. Deshpande for Applicant ----- CORAM :

SHRI K.K. TATED, J.

DATE :

MAY 02, 2019 P.C.:

1.

Not on Board. At the request of learned counsel for the Applicant, the matter is taken on board for urgent orders. 2.

Heard learned Counsel Mr. N.P. Deshpande for the applicant. 3.

By this civil application, the Applicant is seeking to set aside the conditional order dated 22nd June, 2018 passed by the Learned Registrar (Judicial-II), by which the First Appeal (St) No. 6164 of 2018 stands dismissed for non-removal of office objection. 4.

Considering the submission made by the learned counsel for the Applicant, the averments made in the civil application and as the statement made by the learned counsel for the applicant that Applicant will remove all office objections, I am satisfied that the Applicant has made out a case for allowing the civil application, on payment of costs. Hence, following order.

ORDER

(a) Delay in filing the civil application is condoned. (b) Order dated 22nd June, 2018 passed by the Learned Registrar (Judicial II) is set aside.

551- CAFST 12880 of 2019 (c) First Appeal (St) No. 6164 of 2018 is restored on file for hearing on its own merits.

(d) Applicant to remove all office objections in First Appeal (St)No. 6164 of 2018 on or before 15th June, 2019, failing which civil application shall stand dismissed without referring back to the Court, (e) Applicant to pay costs of Rs.500/- (f) Costs to be deposited in Kirtikar Law Library, High Court, Mumbai on or before 4th June, 2019 and place on record a receipt to that effect, failing which civil application shall stand dismissed without referring back to the Court.

(g) Civil application stands disposed off accordingly. [ K.K. TATED, J.] Tikam