Ananda Krishna Ugale (Since Decd. Through Legal Heirs) And ORS. v. Sadashiv Chanappa Kumbhar

kvm 1/2 36-CAS1770.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1770 OF 2016 IN SECOND APPEAL (ST) NO. 9076 OF 2015 Ananda Krishna Ugale Since deceased through legal heirs & Ors.

..... Applicants

VERSUS

Sadashiv Chanappa Kumbhar ..... Respondent Mr.Kuldeep Nikam for the Applicants.

None for the Respondent.

CORAM : R.D. DHANUKA, J.

DATE : 30th NOVEMBER, 2016 P.C.

By this civil application, the applicant seeks condonation of delay in filing civil application and for setting aside the order of the rejection passed by the learned Registrar, (Judicial-II) and seeks restoration of the Second Appeal (St) No.9076 of 2015.

2.

I have heard Mr.Nikam learned counsel appearing for the applicants and I have perused the averments made in the affidavit in support. 3.

I am satisfied that the applicants have made out a case for grant of reliefs in terms of prayer clauses (a) to (d). Delay of 1 year and 5 days is satisfactorily explained.

4.

I, therefore, pass the following order :-

kvm 2/2 36-CAS1770.16 (a) Civil application is made absolute in terms of prayer clauses (a) to (d).

(b) It is made clear that no further extension of time would be granted to remove office objections.

(c) If the office objections are not removed within four weeks from today, Second Appeal (St) No.9076 of 2015 to stand dismissed without further reference to court. (d) No order as to costs.

(R.D.DHANUKA, J.)