Mr. Laxmikant P. Chimbaikar And ORS. v. Mr.Edwin Vaz Prop.Of Zion Constructions Anddevelopers Thr.Constitued Attorney Mr. Narendra J.Zemnea

29 caf 3054-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3054 OF 2019 IN FIRST APPEAL (ST) NO.29026 OF 2018 Laxmikant P. Chaimbaikar & Ors.

..Applicants v/s.

Edwin Vaz & Ors.

..Respondents Mr. N.V.Bhutekar I/b. D.D.Rananaware for the Applicant/Appellant None for the Respondent.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 11th SEPTEMBER, 2019.

P.C.

1.

The applicant herein has sought restoration of First Appeal (St) No. 29026 of 2018 and Civil Application (st) No. 32366 of 2018, which were dismissed for non-compliance of the conditional order dated 26.2.2019.

2.

By order dated 26.2.2019 the applicant was given four weeks time for removing office objections. The applicant was put to notice that registration of appeal would be refused if the office objections were not removed within time. Non removal of office objections has Salgaonkar

29 caf 3054-19.doc resulted in refusal of registration of the First Appeal. 3.

The learned Counsel for the applicant states that the office objections would be removed within a period of two weeks. In the light of the said statement, and in view of the reasons stated in para 6 and 7 of the application, the appeal and the civil application are restored to the file, subject to pay of cost of Rs.2000/- to the Juvenile Justice Fund.

4.

It is made clear that in the event the office objections are not removed within a period of two weeks, the appeal as well as the civil application shall stand dismissed without further reference to the Court.

(ANUJA PRABHUDESSAI, J.) by Prasanna P.

Salgaonkar Date:

2019.09.17 12:07:33 +0530 Prasanna P.

Salgaonkar Salgaonkar