Bombay High CourtCAF/4102/2014disposed off

Baban Kashinath Dhemse And ANR v. The State Of Maharashtra And ANR

2015-04-22Hon'Ble Shri Justice K.K. Tated2 pages

29 caf 4102-14=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 4102 OF 2014 IN REJECTED CASE NO. 1329 OF 2013 IN FIRST APPEAL (ST.) NO. 29119 OF 2011 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Rahul Motkari for the applicant.

Mr.Amit Palkar, AGP for the respondent no.1 Mr. M. L. Patil for respondent no.2.

CORAM : K. K. TATED, J.

DATED : 22/04/2015.

P.C.:

Heard learned Counsel for the parties.

This application is preferred by claimant for restoration of First Appeal (St.) no. 29119 of 2011, Civil Application (St.) no. 29120 of 2011 and Civil Application (St.) no. 29121 of 2011, which were dismissed in view of conditional order dated 19.12.2013 passed by the learned Registrar (Judicial-II) for non removal of office objections. The learned Counsel for the applicant submits that the applicant undertakes to remove all office Sneha Chavan 1/2

29 caf 4102-14=.doc objections within four weeks from today. The statement is accepted.

Considering the submissions made by learned counsel for the applicant and averments made in civil application, I am satisfied that applicant has made out the case for allowing the civil application. Hence, civil application is allowed in terms of prayer clauses (a), (b) and (c) which reads thus:

"a) The delay of 237 days in filing the present application be kindly condoned.

b) The order dated 19.12.2012 passed by this Hon'ble Court be set aside and the matter be restored to the file and the First Appeal (Stamp) No. 29119/2011 and the Civil Application (Stamp) No. 29120/2011 and Civil Application (stamp) No. 29121/2011 be heard on merits.

c) The applicants be granted time of 3 weeks to remove the office objections and pay the requisite Court fees in the present First Appeal (stamp) No. 29119/2011."

If office objections are not removed within stipulated time as stated herein above i.e. three weeks from today, civil application shall stand dismissed without referring back to the court . Civil Application is disposed of accordingly. (K.K.TATED, J.) Sneha Chavan 2/2