Gajanan Bapu Koli v. Vasant Bapu Koli Andors

Osk 29-IA-2953-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2953 OF 2021 IN SECOND APPEAL (ST.) NO. 96443 OF 2020 Gajanan Bapu Koli ... Applicant/Appellant V/s.

Vasant Bapu Koli & Ors.

... Respondents Mr.Mahesh R. Bhokarikar for Applicant/Appellant. Mr.Chintan Shah for Respondent No.1.

CORAM : A.S. GADKARI, J.

DATE : 20th October 2021.

P.C. :

1.

This is an application for recalling of Order dated 11th January 2021. By the said Order, the Appellant was directed to remove office objections within two weeks, failing which the appeal shall stand dismissed without further reference to this Court. As the Appellant failed to remove office objections within stipulated period, in view of the self operative Order dated 11th January 2021, the Second Appeal stood dismissed.

2.

Record indicates that, the present application is filed within the period of limitation.

3.

Perusal of application indicates that, sufficient cause is made out for restoration of the Second Appeal.

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Osk 29-IA-2953-2021.odt 4.

In view thereof, Application is allowed in terms of prayer Clause (a). 5.

Appellant is directed to remove office objections, if not removed till date, within a period of three weeks from today. [A.S. GADKARI, J.] by OMKAR SHIVAHAR KUMBHAKARN Date:

2021.10.21 15:51:55 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2