Atmaram Jotiram Chavan v. Jarur Badsha Badesaheb Mulla And ORS.

36-cas1829-15 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1829 OF 2015 IN SECOND APPEAL (STAMP) NO.10859 OF 2015 Atmaram J. Chavan ...Applicant V/s.

Jarur Badsha Badesaheb Mulla & Ors.

...Respondents

Mr.S.P. Rajepandhare i/b Mr.Ajay Joshi for the Applicant. None for the Respondents.

CORAM : R.D. DHANUKA, J.

DATE : 26TH AUGUST, 2016.

P.C. :- 1.

By this civil application, the applicant seeks restoration of the second appeal, which is dismissed in view of the non-compliance of the order dated 29th July, 2015 passed by the learned Registrar (Judicial-II). Learned counsel appearing for the applicant states that the office objections could not be removed due to various reasons recorded in the civil application.

2.

Learned counsel for the applicant submits that all the office objections would be removed within two weeks from today. The statement is accepted. For the reasons recorded in the civil application, the delay in filing the civil application is condoned. The 1/2

36-cas1829-15 order dated 29th July, 2015 passed by the learned Registrar (JudicialII) is set aside on the condition that the applicant removes all the office objections within two weeks from today. It is made clear that if all the office objections are not removed within two weeks from today, the second appeal to stand dismissed without further reference to the Court.

3.

The civil application is accordingly disposed of in aforesaid terms. No order as to costs.

(R.D. DHANUKA, J.) 2/2