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Bombay High CourtRC/2441/2019disposed off

Shri. Rajendra Khayalila Jain v. Shri. Raichand Sobhagchand Shah Since Deceaesd Through Legal 1-A) Nira Raichand Shah And ORS.

2019-12-20Registrar(Judicial Ii Fa)2 pages

ppn 1 P1.cafst-19318.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (ST.) NO.19318 OF 2018 IN FIRST APPEAL (ST.) NO.27643 OF 2017 Rajendra Khyalila Jain ..

Applicant/Appellant Vs.

Raichand Sobhagchand Shah (since deceased) through his legal heirs 1A. Nira Raichand Shah & Ors.

..

Respondents --- Mr.Vasant R. Kadam i/by Mr.Yuvraj P. Narvankar for the applicant. None for the respondents.

--- CORAM : R.D.DHANUKA, J.

DATE : 20th December 2019 P.C.:

.

Matter is mentioned not on board.

2.

By this civil application, the applicant prays that the order dated 26th April 2018 passed by the Registrar (Judl.-II) be set aside. 3.

Learned counsel also invited my attention to the subsequent order dated 16th January 2019 passed by the Registrar (Judl.-II) granting four weeks' time to remove office objections in this civil application. It was made clear that in the event of the applicant not complying with the said order, registration of first appeal stamp shall stand refused. He submits that the applicant has already supplied four copies of the said civil application for restoration to the registry on 11th January 2019 itself. Statement is accepted.

ppn 2 P1.cafst-19318.18.doc 4.

If there are any other office objections, the same shall be removed within four weeks from today. Delay in filing civil application is condoned. Civil application is allowed in terms of prayer clause [a] and [a(i)]. The order dated 16th January 2019 passed by the Registrar (Judl.-II) is also set aside on the condition that the applicant removes all office objections within four weeks from today. 5.

If there was any ad-interim relief granted by this Court in the first appeal which was in force till the dismissal of the first appeal, the same is also restored.

6.

If the office objections are not removed within the time prescribed, the order passed by this Court today to stand vacated and the orders passed by the Registrar (Judl.-II) referred to aforesaid to stand restored without further reference to the Court. R.D.DHANUKA, J.