Manisha Ramchandra Tande v. Ramchandra Shahaji Tande

Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 253 OF 2019 IN MISC. CIVIL APPLICATION STAMP NO. 20688 OF 2018 (R.C. NO. 301 OF 2019) Manisha Ramchandra Tande .. Applicant Vs.

Ramchandra Shahaji Tande .. Respondent Mr.Abhay A.Jadhawar I/b Mr.Sachin K.Hande, for the Applicant. CORAM : K.K.TATED, J.

DATE : 20th AUGUST, 2019 P.C. :

.

Heard learned Counsel for the applicant.

2.

By this Application, applicant is seeking restoration of Misc. Civil Application Stamp No. 20688 of 2018 which stood dismissed in view of conditional order dated 12/12/2018 for non removal of office objections.

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3.

There is no proper explanation for delay of more than 6 months in filing the Application.

4.

Learned Counsel for the applicant submits that applicant undertakes to remove all office objections within 3 weeks from today.

5.

Learned Advocate for the applicant made a statement before this Court that applicant is ready and willing to pay costs.

6.

Considering the statement made by learned Counsel for the applicant and the averments made in the Civil Application and as the applicant is ready and willing to remove all office objections within 3 weeks from today and pay costs, I am satisfied that applicant has made out a case for the following order.

O R D E R

i) Misc. Civil Application Stamp No. 20688 of 2018 is 2/3

restored to file for hearing on its own merits. (ii) Time to comply order dated 12/12/2018 i.e. to remove all office objection is extended till 21/09/2019 (iii) The applicant to pay costs of Rs. 2,500/-. (iv) The costs to be deposited in Kirtikar Law Library, First Floor, High Court, Mumbai on or before 06/09/2019 and place on record receipt to that effect, failing which Misc. Civil Application will stand dismissed without reference to the Court.

(v) Civil Application stands disposed of accordingly. (K.K.TATED, J.) 3/3