Shri.Bhairawnath Balbhim Regude, v. Smt.Sanjubai Navnath Gorve. And ORS.

33 caf2911-18.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2911 OF 2018 IN FIRST APPEAL (ST.) NO.8400 OF 2017 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.S.S.Choudhari for the applicant CORAM : K. K. TATED, J DATE : APRIL 15, 2019 P.C.:

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Heard.

By this Civil Application, Applicant is seeking condonation of 333 days delay in filing First Appeal and for setting aside the order dated 24.08.2017 passed by Registrar (Judicial-II) by which First Appeal stands dismissed for non-removal of office objections. Considering the submissions made by the learned counsel for the Applicant, the averments made in Civil Application, I am satisfied that Applicant has made out a case Mohite 1/2

33 caf2911-18.doc for allowing Civil Application but at the same time Applicant to pay cost of Rs.2,500/-. Hence, following order:

a Delay in filing Civil Application is condoned.

b Order dated 24.8.2017 passed by learned Registrar (Judicial-II) is set aside.

c First Appeal (ST) No.8400 of 2017 is restored on file.

d Applicant to remove all office objections in First Appeal (ST) No.8400 of 2017 on or before 21.6.2017, failing which the Civil Application shall stand dismissed without further reference to the court.

e Applicant to pay cost of Rs.2,500/-. Cost to be deposited in the office of the Kirtikar Law Library, High Court, Bombay and file receipt on record on or before 7.6.2019, failing which the matter shall stand dismissed without further reference to the court.

f Civil application stands disposed off accordingly.

(K.K.TATED, J.) Mohite 2/2