Shri. Shantilal Tejmal Hiran Since Deceased Through Legal Heirs 1-A Smt. Vijaya D. Khivasara ANR Os v. Shri.Suresh Rajmal Bedmutha And ORS.

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (ST.) NO.14472 OF 2019 IN FIRST APPEAL NO.580 OF 2017 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Sachin Kadam i/b Mr.S.A.Sawant for the applicant Ms.M.S.Salekar i/b Mr.N.R.Bubna for the respondent no.14 CORAM : K. K. TATED, J DATE : JULY 10, 2019 P.C.:

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Not on board. At the request of the learned counsel for the applicant, matter is taken on production board as per praecipe.

Heard.

By this Civil Application, Applicant is seeking to set aside the order dated 26.02.2019 passed by learned Registrar (Judicial-II) by which Civil Application (St.) 1/3

No.34975 of 2018 stands dismissed for nonremoval of office objections. The learned counsel for the Applicant submits that Applicant undertakes to remove all office objections within two weeks from today. Statement is accepted. He submits that in the interest of Justice, this Hon'ble court be pleased to allow the present Civil Application. He submits that Applicant has good chance of success in the present proceeding. He submits that if Applicant is not allowed, irreparable loss will be caused to the Applicant.

Considering the submissions made by the learned counsel for the Applicant, the averments made in Civil Application and as Applicant undertakes to remove all office objections within two weeks from today, I am satisfied that the Applicant has made out a case for allowing the Civil Application. Hence, following order is passed:

a. Order dated 26.2.2019 passed by learned Registrar (Judicial-II) is set aside.

b. Civil Application (St.) No.34975 of 2018 is restored on file for hearing on its own merits.

c. Applicant to remove all office objections in Civil Application (St.) No.34975 of 2018 on or before 31.07.2019, failing which Civil 2/3

Application shall stand dismissed without referring back to the court.

d. If all office objections are removed within stipulated time as stated hereinabove, Civil Application (St.) No.34975 of 2018 be shown on board for orders on 09.08.2019.

e. Civil Application stands disposed of accordingly.

( K.K.TATED, J.) 3/3