Shri. Balasaheb Krishna Sisale v. Smt. Indumati Balasaheb Sisal

29 - CAS. 1362-18.doc VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 1362 OF 2018 IN REJECTED CASE No. 1690 OF 2018 IN SECOND APPEAL (St.) No. 949 OF 2017 Balasaheb K. Sisale ...

Applicant Vs.

Smt. Indumati B. Sisale ...

Respondent *** Mrs. Sneha Naik-Nikam, for the Appellant.

Mr. Prashant Suryawanshi, for the Respondent. *** CORAM : A. M. DHAVALE, J.

DATE : OCTOBER 12, 2018 PC :- .

Second Appeal (St.) No. 949/2017 was filed on 11th January, 2017. It came to be dismissed by order of Registrar (Judicial-II) four weeks after the conditional order dated 27.3.2018 for non-removal of office objection. Learned advocate Mrs. Sneha Niak-Nikam submits that main objection is regarding non supplying of copy of appeal memo in the second appeal. In this regard, she submits that copy was provided to the clerk for 1 / 2

29 - CAS. 1362-18.doc removal of the office objection, but he lost it, and therefore, the main objection could not be removed. Thereafter copies were collected. The advocate for the appellant was not aware of the impugned order passed on account of non-removal of office objection. She undertakes to remove office objections within 10 days. Considering the grounds shown, the order dated 27.3.2018 is recalled after condoning the delay since major part of the delay is of summer vacation, and Second Appeal (St.) No. 949/2017 is restored to the file, subject to the condition that office objections will be removed within 10 days. Civil application is accordingly disposed of.

Sd/- [A. M. DHAVALE, J.] Vinayak Halemath 2 / 2