Mr. Raju Alias Jagdish Bhiru Gadekar v. Mr. Francis Cyril Rodriques And ANR.

523.CAF2656_2017.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2656 OF 2017 IN FIRST APPEAL (ST. ) NO. 34805 OF 2016 Raju alias Jagdish Bhiru Gadekar ... Applicant Vs.

Francis Cyril Rodriquez & Anr.

... Respondents Mr. Rahul D. Motkari, Advocate for the applicant. CORAM: MRS.MRIDULA BHATKAR, J.

DATE:

6th September, 2017.

P.C.:

Upon urgent mentioning, taken on production board. 2.

This Application is moved for restoration of First Appeal, which was dismissed pursuant to the order dated 23rd June, 2017 passed by Registrar (Judicial-II).

3.

The learned counsel for the applicant submitted that the objections were not removed and hence the Appeal was rejected. He prays that the appellant is ready to remove the objections, hence the First Appeal be restored.

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523.CAF2656_2017.doc 4.

In view of this submission, the order dated 23rd June, 2017 is set aside and the Appeal is restored to the file. By way of last chance, the appellant shall remove the office objections within two weeks. If the objections are not removed within the stipulated time, the Appeal will be dismissed without referring to the Court. 5.

There is a delay of 16 days in filing the First Appeal. 6.

In view of the reasons mentioned in the Application, delay is condoned.

7.

Civil Application is allowed and is disposed of accordingly. 8.

Appeal be numbered.

9.

Notice to the respondent is not required as the Appeal was dismissed before issuance of notice.

(MRIDULA BHATKAR, J.) 2 / 2