Smt. Sushila Vishnu Vaidya And ORS. v. Shri. Madhukar Yashwant Vaidya And ORS.

12-cas1925-15 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1925 OF 2015 IN R.C. NO.1234 OF 2015 Smt.Sushila V. Vaidya & Ors.

...Applicants V/s.

Madukar Y. Vaidya & Ors.

...Respondents

Mr.Tejas Hardalkar i/b Mr.Shailendra Kanetkar for the Applicants. Mr.T.D. Deshmukh for the Respondent Nos.1, 2(a) and 2(b). CORAM : R.D. DHANUKA, J.

DATE : 26TH FEBRUARY, 2016.

P.C. :- 1.

By this civil application the applicants seek condonation of delay of 45 days in filing the present civil application and seeks recall of the conditional order dated 27th July, 2015 and the order dated 1st September, 2015 passed by the learned Registrar (Judicial-II). No affidavit in reply has been filed by the respondents. 2.

A perusal of the civil application indicates that the applicants have made out a case for condonation of delay and for recall of the orders dated 27th July, 2015 and 1st September, 2015. For the reasons recorded in the civil application, the delay of 45 days in filing the present civil application is condoned. The orders dated 1/2

12-cas1925-15 27th July, 2015 and 1st September, 2015 passed by the learned Registrar (Judicial-II) in Second Appeal (Stamp) No.10082 of 2015 and Civil Application (Stamp) No.10084 of 2015 are set aside on the condition that the applicants remove all the office objections, if any, within two weeks from today. It is made clear that no further extension would be granted. If the office objections are not removed within two weeks from today, the order passed by this Court to stand vacated forthwith and the orders dated 27th July, 2015 and 1st September, 2015 to stand restored.

3.

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

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