Smt. Bhanumati Mulraj Kabali v. Bai Tulsabai Devji Charitable Trust And ORS.

CAW1646_19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1646 OF 2019 IN WRIT PETITION (ST.) NO.19216 OF 2017 (Rejected Case No.284 of 2019) (Bhanumati Mulraj Kabali Vs. Bai Tulsabai Devji Charitable Turust and others) Office Notes, Office Memoranda of Coram, appearances,Court's orders, or directions, and Registrar's Orders Court's or Judge's orders Mr. Reyden L. Gonsalves i/b. Ms Eventa A. Gonsalves for Applicant.

CORAM : R. G. KETKAR, J.

DATE : 16TH JULY, 2019 P.C.:

Not on Board. At the request of Mr. Gonsalves, learned Counsel for the applicant, taken up in the production Board.

2.

By this Application, applicant has prayed for condoning the delay of 246 days in filing the Civil Application as also for restoring Writ Petition (St.) No.19216 of 2017 by recalling order dated 30.08.2018. By order dated 30.08.2018, Registrar (Judl-I) gave 4 weeks time i.e. upto 27.09.2018 for removing office objections, failing which, registration of Writ Petition (St.) was to stand refused.

3.

Mr. Gonsalves submitted that the notices were not 1/2

CAW1646_19.doc issued in the main matter and no caveat was filed. He assures that after restoration of the Petition, petitioner will remove office objections within four weeks.

4.

In view thereof and for the reasons recorded in the Application, Civil Application is allowed in terms of prayer clauses (a) to (c) with no order as to costs. Writ Petition (St.) No.19216 of 2017 is restored to its original position. Applicants shall remove office objections within four weeks from today. Order accordingly.

(R. G. KETKAR, J.) Minal Parab 2/2