Shri.Bhausaheb Sopan Dalavi And ANR. v. Shri.Naim @ Nimullah Khan Azmtullah And ORS.

25.2682.18-caf.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No.2682/2018 in First Appeal (ST) No.25394/2017 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. Vivek Vijay Salunke for the Applicant CORAM: K.K.TATED, J.

DATED : AUGUST 28, 2019 P.C.

Heard. By this Civil Application , the Applicant is seeking restoration of the First Appeal which stood dismissed in view of conditional order dated 10.01.2018 passed by the learned Registrar Judicial (II) for non removal of office objections.

The learned counsel for the Applicant submits that it remained on their part to remove all office objections including payment of court fees. He submits that the Applicant is ready and willing to remove all office objections within four weeks.

Basavraj G. Patil 1/2

25.2682.18-caf.odt Considering the submissions made by the learned counsel for the Applicant and the averments made in the Civil Application, I am satisfied that the Applicant has made out a case for allowing the Civil Application.

Hence, following order is passed:

a.

Order dated 10.01.2018 passed by the learned Registrar Judicial (II) is set aside.

b.

The First Appeal is restored to file for hearing on merits.

c.

The Applicant is directed to remove all office objections on or before 30.09.2019, failing which the Civil Application shall stand dismissed without further reference to the court.

d.

The Civil Application stands disposed of accordingly.

e.

No order as to costs.

(K.K.TATED, J.) Basavraj G. Patil 2/2