1. Shri Sudhakar Rangnath Wani And Others v. 1. Shri. Bapurao Rangnath Wani (D/H) 1a. Shri. Kalyan Bapurao Wani And Others

501.cas1931_2015.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 1931 OF 2015 IN SECOND APPEAL No. 47 OF 1990 Sudhakar Rangnath Wani & Ors.

... Applicants Vs.

Bapurao Rangnath Wani through LRs Kalyan Bapurao Wani & Ors. ... Respondents Mr. Onkar V. Warange, Advocate for the applicant. Mr. S.T. Bhosale i/b. Mr. Dilip Bodake, Advocate for respondent nos. 1A, 1C, 1E, 1F, 1H and 1I.

CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 2nd April, 2018.

P.C.:

Upon mentioning, taken on production board.

2.

Except the learned counsel for respondent nos. 1A, 1C, 1E, 1F, 1H and 1I, none present for the respondents, though served. 3.

The learned counsel for the applicants submitted that Second Appeal was admitted on 1st March, 1990. By order of this Court dated 20th June, 2014, Second Appeal was dismissed for nonremoval of office objections. The learned counsel submitted that the applicants are ready to remove the office objection. He, therefore, prays that delay of 16 days be condoned and the impugned order 1 / 2

501.cas1931_2015.doc dated 20th June, 2014 be recalled.

4.

The learned counsel for respondent nos. 1A, 1C, 1E, 1F, 1H and 1I submitted that he has returned the brief and therefore, he cannot appear.

5.

In view of the submissions, delay of 16 days is hereby condone for the reasons mentioned in the Application. The order dated 20th June, 2014 is hereby set aside. Second Appeal is restored to its original file along with the orders passed therein. The applicants/appellants shall remove all the office objections within 4 weeks from today. If the objections are not removed within the stipulated time, the Appeal shall stand dismissed forthwith without further referring to the Court. Civil Application is disposed of. 6.

Place the Appeal on 4th June, 2018.

(MRIDULA BHATKAR, J.) 2 / 2