Smt. Padmastri Dilip Mule And ORS v. Smt. Mandakini Appaso Patil And ORS.

(908)_CAF-3018-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3018 OF 2016 IN FIRST APPEAL STAMP NO.11997 OF 2012 IN REJECTED CASE NO.1003 OF 2015 Sou. Padmashri Dilip Mule and others .. Applicants

Versus

Smt. Mandakini Appaso Patil and others .. Respondents Mr. A. M. Kulkarni for the Applicants.

Mr. N. Y. Chavan for the Respondent Nos.1 to 4. CORAM : R.M. SAVANT, J.

DATE : 22nd JULY 2016 P.C.

The above Civil Application has been filed for restoration of the above First Appeal Stamp No.11997 of 2012 and the Civil Applications filed therein. The above First Appeal stood dismissed for non-prosecution on account of the conditional order dated 23.04.2015 on account of the non-removal of office objections. It seems that as per the office note, the office objections stand removed. However, there is a delay of 354 days in filing the above Civil Application. The reasons for which find a place in the Civil Application. Since the above First Appeal has stood dismissed for BGP.

(908)_CAF-3018-16.doc non-prosecution, it would be just and proper to allow the Civil Application and restore the First Appeal along with the concerned Civil Applications to file. The Civil Application is accordingly allowed in terms of prayer clauses (b) and (c). The Civil Application is accordingly disposed of. List the First Appeal alongwith the Civil Applications which are pending on 01.08.2016.

[R.M. SAVANT, J] BGP.