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Bombay High CourtCAS/131/2022disposed off

Trambak Sukaram Gangurde v. Janu Devaba Pawar And ORS.

2022-11-23Hon'Ble Shri Justice Madhav J. Jamdar3 pages

Arjun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.131 OF 2022 IN SECOND APPEAL NO.419 OF 2012 Digitally signed by ARJUN VITTHAL KUDHEKAR Date:

2022.11.24 18:31:22 +0530 Trambak Sukaram Gangurde ...Applicant ARJUN VITTHAL KUDHEKAR V/s.

Janu Devaba Pawar & Ors.

...Respondents

Mr. Amey Deshpande i/b J. D. Khairnar, for the Applicant.

CORAM : MADHAV J. JAMDAR, J.

DATE : 23rd NOVEMBER, 2022 P.C.:

1.

By order dated 23rd August, 2022 passed in Civil Application No. 91 of 2022, the Application was allowed in terms of prayer clause (a) & (b).

2.

The said prayer clauses read as under :

a) That this Hon'ble Court may kindly be pleased to condone the delay of 172 days caused in filing present Application.

b) That this Hon'ble Court may kindly be pleased to set aside the impugned Order

dated 30-10-2018, thereby restoring the above referred Civil Application and further be pleased to grant 8 weeks time to remove office objections, if any, as directed.

c) Any other and further order in the interest of justice may kindly be passed as this Hon'ble Court may deem fit and proper.

3.

Thus, in fact, order dated 30th October, 2018 is recalled. 4.

By the present Civil Application, the Applicant is seeking same reliefs.

5.

The prayer clauses for the present Civil Application read as under:

a) That this Hon'ble Court may kindly be pleased to condone the delay of 172 days caused in filing present Application.

b) That this Hon'ble Court may kindly be pleased to set aside the impugned Order dated 30-10-2018, thereby restoring the above referred Civil Application and further be pleased to grant 8 weeks time and remove office objections, if any, as directed.

c) Any other and further order in the interest of justice may kindly be passed as this Hon'ble Court may deem fit and proper.

6.

Therefore, present Civil Application has become

infructuous as the Second Appeal is already restored to file. (MADHAV J. JAMDAR, J.)