Shashikant Nanasaheb Deshmukh v. Sou. Shashikala @ Hira Vilasrao Zunjar And Others

47-cas1337-15 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1337 OF 2015 IN SECOND APPEAL (STAMP) NO.33421 OF 2013 Shashikant N. Deshmukh ...Applicant Ori.Deft.No.4 V/s.

Shashikala V. Zunjar & Ors.

...Respondents

Mr.Machhindra Patil for the Applicant.

Mr.Chetan Patil for the Respondent No.1.

CORAM : R.D. DHANUKA, J.

DATE : 16TH SEPTEMBER, 2016.

P.C. :- 1.

By this civil application, the applicant seeks condonation of delay of one year and 86 days in filing the civil application and also seeks restoration of the second appeal, which is dismissed in view of non-compliance of the conditional order dated 19th March, 2014, passed by the learned Registrar (Judicial-II). Mr.Patil, learned counsel appearing for the applicant states that the objections could not be complied with due to unavoidable circumstances. He submits that all the office objections are already removed. The statement is accepted.

1/2

47-cas1337-15 2.

I have heard the learned counsel appearing for the parties and have perused the averments made in the civil application. The applicant has made out a case for condonation of delay and for recall of the order dated 19th March, 2014 passed by the learned Registrar (Judicial-II).

3.

The order dated 19th March, 2014 passed by the learned Registrar (Judicial-II) is set aside on the condition that all the office objections, if any, shall be removed within two weeks from today. 4.

The civil application is disposed of in aforesaid terms. No order as to costs.

(R.D. DHANUKA, J.) 2/2