Smt. Indubai Bapu Sarpati v. Janardhan Narayan Sarpatil (Since Deceased Thr. Lrs) And ORS.

kvm 1/2 37-CAS1778.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1778 OF 2016 IN SECOND APPEAL (ST) NO. 22379 OF 2015 Smt.Indubai Bapu Sarpatil ..... Applicant

VERSUS

Janardhan Narayan Sarpatil (since deceased through his legal heirs) & Ors. ..... Respondents Mr.Sagar K., i/b. Mr.T.D.Deshmukh for the Applicant. None for the Respondents.

CORAM : R.D. DHANUKA, J.

DATE : 30th NOVEMBER, 2016 P.C.

The applicant has filed this civil application for condonation of delay of 264 days and for recall of the order dated 3rd December, 2015 passed by the learned Registrar (Judicial-II) and for restoration of the Second Appeal (St) No.22379 of 2015.

2.

I have heard the learned counsel appearing for the applicant and I have perused the averments made in the civil application. The applicant has made out a case for condonation of delay and for the reliefs prayed in the civil application. Learned counsel appearing for the applicant states that the office objections will be removed within four weeks from today. Statement is accepted. 3.

I, therefore, pass the following order :-

kvm 2/2 37-CAS1778.16 (a) Civil Application is made absolute in terms of prayer clauses (b) to (d) on the condition that the applicant removes all office objections within four weeks from today. (b) It is made clear that if the office objections are not removed within four weeks from today, Second Appeal (St) No.22379 of 2015 to stand dismissed without further reference to court.

(c) No order as to costs.

(R.D.DHANUKA, J.)