Jaiprakash Rajnarayan Pande v. Gulabchand Vidyaprasad Pande And ANR

24.815.12-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.815/2012 IN REJECTED CASE NO.454/2011 IN FIRST APPEAL (ST) NO. 20845/2010 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Anil R. Mishra for the Applicant Mr. Shailesh Rai i/b. D. R. Singh for the Respondent Nos. No.1 and 2.

CORAM : K. K. TATED, J.

DATE : FEBRUARY 10, 2016 P.C.:

1.

Heard. This Application is made by the Plaintiff for restoration of the First Appeal which was dismissed in view of conditional order dated 18/11/2010 for non removal of office objections. 2.

The learned counsel for the Applicant submits that in fact, they removed all office objections within time and to that effect there is noting on Farad also.

3.

The learned counsel for the Respondent submits that they have no objection if the Civil Application is allowed.

Basavraj G Patil 1/2

24.815.12-caf 4.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

3.

Hence, the following order:

a) Order dated 18/11/2010 passed by the learned Registrar is set aside.

b) The First Appeal is restored to file.

c) Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2