Shri. Garibrao Matu Thombre And ORS. v. Shri. Sambha Kachru Chandan

28.1602.15-cas FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.1602/2015 IN SECOND APPEAL (ST) NO.2186/2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. P. N. Joshi for the Applicant CORAM : K. K. TATED, J.

DATE : OCTOBER 26, 2015 P.C.:

1.

Heard. The learned counsel for the Applicant filed additional affidavit dated 26/10/2015. Same is taken on record.

2.

This Application is for restoration of Second Appeal (ST) No.2186/2015 which was dismissed by conditional order dated 04/08/2015 passed by the learned Registrar (Judicial-II) for non removal of office objections.

3.

The learned counsel for the Applicant submits that the Applicant undertakes to remove all office objections on or before 20/11/2015. Same is accepted.

Basavraj G Patil 1/2

28.1602.15-cas 4.

Considering the submissions made by the learned counsel for the Applicant and as the Applicant undertakes to remove all office objections on or before 20/11/2015, I am of the opinion that the Applicant has made out a case for allowing the Civil Application. Hence, following order is passed:

a.

Delay in making the Civil Application is condoned.

b.

Order dated 04/08/2015 passed by the learned Registrar (Judicial-II) is set aside. c.

The Second Appeal is restored to file.

d.

The Applicant is directed to remove all office objections in Second Appeal on or before 20/11/2015 failing which the Civil Application shall stand dismissed without further reference to the court.

JUDGE Basavraj G Patil 2/2