Mr. Khimji M. Bhadra And ANR v. Shri. Bholanath Matabadal Alias Nanhaku Sharma And ORS

47-caw-1898-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1898 OF 2018 IN WRIT PETITION NO.6542 OF 2017 Mr. Khimji S. Bhadra & Ors.

.. Applicants

Versus

Shri. Bholanath Matabadal Alias Nanhaku Sharma and Ors.

.. Respondents Mr. A.R. Gole for applicants.

Mr. Shailesh Rai for respondent Nos.1 and 2.

Mr. Girish Periyanmi for respondent Nos.3 to 7. CORAM : K.K. TATED, J.

DATE : 10 JANUARY 2019.

P.C:- .

Heard learned Counsel for the parties.

2.

All the respondents are duly served. By this Civil Application, applicant is seeking condonation of 81 days delay in filing Civil Application for restoration of writ petition No.6542 of 2017 which stands dismissed for non removal of office objections as per conditional order dated 03.05.2018.

3.

Learned Counsel for the applicant undertakes to remove all office objections on or before 31.01.2019. S.C.Magar

47-caw-1898-2018.doc 4.

Considering the submissions made by the learned Counsel for the applicant, averments made in Civil Application, I am satisfied that the applicant has made out case for allowing this Civil Application. Hence, following order :

a) Writ petition No.6542 of 2017 is restored on file for hearing on its own merits.

b) Time to remove all office objections as per order dated 03.05.2018 is extended till 31.01.2019, failing which Civil Application shall stand dismissed without reference to the Court.

c) If office objections removed within time, matter to appear on board on 15.02.2019.

d) Civil Application stands disposed of accordingly. e) No order as to costs.

(K.K.TATED, J.) S.C.Magar