Narahari Kashinath Temgire v. Rambhau Vithoba Temgire And ORS

p7.iast.17568.22_wpst.5655.17.doc HARSHADA H. SAWANT ( P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE CIVIL APPELLATE JURISDICTION JURISDICTION INTERIM APPLICATION (ST.) NO.17568 OF 2022 IN WRIT PETITION (ST.) NO.5655 OF 2017 Narhari Kashinath Temgire Applicant/ Petitioner

Versus

Rambhau Vithoba Temgire and Ors.

.. Respondents ....................

 Ms. Rekha Musale i./by Mr. Nitin Rajguru for Applicant ..

...................

CORAM

: MILIND N. JADHAV, J.

DATE : FEBRUARY 07, 2023 P.C.

:

1. Mentioned. Not on Board. Taken on Board. 2.

Heard Ms. Musale, learned Advocate for Applicant. 3.

Perused the praecipe dated 06.02.2023.

4.

Interim Application (St.) No.17568 of 2022 has been filed for setting aside of order dated 22.06.2018 which is a conditional order by virtue of which Writ Petition has been dismissed for non removal of office objections.

5.

Ms. Musale would submit that the only the office objection had remained to be removed was regarding short payment of Court fees of Rs.125/-. She would further submit that in view of Covid-19 Pandemic situation the Applicant could not comply with the said order.

p7.iast.17568.22_wpst.5655.17.doc 6.

Though it is mentioned that the Applicant seeks condonation of 3 years and 355 days, it is seen that substantial part of said period is during the Covid-19 Pandemic period and would be all covered by order dated 10.01.2022 passed by the Supreme Court in Miscellaneous Application No.21 of 2022, Misc. Application No.665 of 2021 in Suo Motu Writ Petition (C) No.3 of 2020 for suspension of the period during Covid pandemic from 15.03.2020 till 28.02.2022 and in that view of the matter is negligible.

7.

However in view of the specific reasons enumerated in Interim Application and sufficient cause having been shown the Interim Application deserves to be allowed.

8.

Interim Application stands allowed in terms of prayer clauses (a) and (b).

9.

Applicant / Petitioner is directed to remove office objections within a period of two weeks from today and comply with the order passed by this Court.

10. With above directions, Interim Application is disposed.

11. List Writ Petition (St.) No.5655 of 2017 on 10th March, 2023. [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date:

2023.02.09 12:26:05 +0530 RAVINDRA MOHAN AMBERKAR