Shri.Rajesh Madhukar Gaikwad v. Madhukar K. Gaikwad(Since Decd. Thr. His Legal Heirs Namely The Appellant The Res. S.S. Tilekar And

Mugdha 903-CAS 822-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.822 OF 2019 IN REJECTED CASE NO.936 OF 2019 IN SECOND APPEAL (ST.) NO.9629 OF 2018 Shri Rajesh Madhukar Gaikwad ...Applicant (Orig. Appellant) Vs.

Madhukar Kashinath Gaikwad & Ors.

....Respondents ....

Mr. Jayendra Khairnar i/b Vikas Shivarkar, advocate for the applicant.

Mr. A. P. Vanarse, advocate for the respondent No. 14. ....

CORAM : M.S.KARNIK, J.

DATE : 6th JUNE, 2019 P.C. :

1.

This is an application for setting aside the order dtd.26/10/2018, passed by the Learned Registrar (Judicial - II), refusing registration of Second Appeal on the ground that the office objection is not removed within the time granted. 2.

For the reasons mentioned in the application, the delay of 156 days deserves to be condoned.

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Mugdha 903-CAS 822-19.doc 3.

Further for the reasons mentioned in the application and considering the submissions made by the applicant, the order dtd.26/10/2018, refusing registration of Second Appeal is set aside, subject to the condition the appellant removing all the office objection within a period of four weeks from today. 4.

Civil Application is allowed in terms of the prayer clauses (a) and (b).

(M.S.KARNIK, J.) 2/2