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Bombay High CourtCAS/927/2018allowed

Shri.Damodar Narayan Kshirsagar v. Gopinath Kathod Patil (Deceased) Thru Lrs.

2018-08-02Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi2 pages

osk 20-cas-927-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 927 OF 2018 IN R.C. NO. 1153 OF 2018 Damodar Narayan Kshirsagar ...

Applicant V/s.

Gopinath Kathod Patil (Since deceased Through LRs.) & Ors.

...

Respondents • Ms.Minal J. Chandnani for the Applicant.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 2nd AUGUST, 2018.

P.C. :

1] This is an application for restoration of the Second Appeal, which came to be dismissed on 15/03/2018 for non compliance of the office objection.

2] Learned counsel for the Applicant submits that, though there is delay of 116 days in preferring this application, there was sufficient cause for the same and secondly, the Applicant will comply with the office objection within a week from today. 3] In view thereof, this Civil Application is allowed, subject to the Applicant complying with the office objection within a week. 1/2

osk 20-cas-927-2018.odt 4] On the compliance of the office objection within a week, the Second Appeal be restored to its original file. If the office objection is not complied within stipulated time, then this application shall stand automatically dismissed without further reference to this Court. [DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2