Dattatraya Radhuji Gaikwad v. Vithhal Radhuji Gaikwad (D/H) And Others

3-cas1704-15 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1704 OF 2015 IN SECOND APPEAL NO.12 OF 2014 Dattatraya R. Gaikwad ...Applicant V/s.

Vithal R. Gaikwad, since deceased through His L.Rs. - Kesharbai V. Gaikwad & Ors.

...Respondents

Mr.Sanjay Shinde for the Applicant.

None for the Respondents.

CORAM : R.D. DHANUKA, J.

DATE : 31ST AUGUST, 2016.

P.C. :- 1.

By this civil application, the applicant seeks restoration of the second appeal along with the civil application which are dismissed for non-compliance of the order dated 10th March, 2015 passed by the Registrar (Judicial-II). The learned counsel for the applicant states that all the office objections will be removed within two weeks from today without fail. The statement made by the learned counsel for the applicant is accepted. 2.

For the reasons recorded in the civil application and in view of the statement made by the applicant, the order dated 10th 1/2

3-cas1704-15 March, 2015 passed by the Registrar (Judicial-II) is set aside on the condition that the applicant removes all office objections within two weeks from today. Second Appeal No.12 of 2014 along with Civil Application No.50 of 2014 are restored to file. It is made clear that if all the office objections are not removed within two weeks from today, the second appeal as well as the civil application to stand dismissed without further reference to the Court.

3.

If all the office objections are removed within the time stipulated aforesaid, place the second appeal on board for admission as per C.M.I.S. date.

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