Balkrishna Savlaliram Dhikale v. Shri. Ganesh Jagannath Dhikale And Others
FARAD CONTINUATION SHEET
IN THE HIGH COURT OF JUDICATURE AT BOMBAY.
CIVIL APPELLATE SIDE JURISDICTION.
CIVIL APPLICATION NO.321/2015 IN SECOND APPEAL (ST) NO.33621/2013 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Jitendra Gaikwad i/b. A. K. Patil for the Applicant CORAM : K. K. TATED, J.
DATE : OCTOBER 20, 2015 P.C.:
1.
Heard. This Application is made by the Plaintiff for restoration of the Second Appeal which was dismissed for non removal of office objections pursuant to the conditional order dated 08/08/2014 passed by the learned Registrar (Judicial-II).
2.
The learned counsel for the Applicant submits that because of mistake on the part of their Junior Advocate, it remained to remove all office objections. The learned counsel for the Applicant undertakes to remove all office objections on or before 20/11/2015. Statement is accepted.
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3.
Considering the submissions made by the learned counsel for the Applicant and the averments made in paragraph 2 and 3 of the Civil Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. At the same time, the Applicant has to pay cost of Rs.2500/-.
4.
Hence, the following order:
a) Delay in making the Civil Application is condoned.
b) Order dated 08/08/2014 passed by the learned Registrar (Judicial-II) is set aside. c) Second Appeal is restored to file d) The Applicant to remove all office objections on or before 20/11/2015, failing which the Civil Application shall stand dismissed without further reference to the court.
e) The Applicant to pay cost of Rs.2500/-. Cost to be deposited in the office of the Maharashtra State Legal Services Authority, High Court, Bombay, on or before 17/11/2015, failing which the Civil Application shall stand dismissed without further reference to the court.
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f) Civil application stands disposed off accordingly.
JUDGE 3/3