Ashok S/O Bhagwandas Nawal v. Feroz Khan S/O Omer Khan And ORS.

KVM 1/2 38 - IA 20602 OF 2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 20602 OF 2022 IN FIRST APPEAL (ST) NO. 697 OF 2022 KANCHAN VINOD MAYEKAR KANCHAN VINOD MAYEKAR Date: 2023.10.27 10:08:38 +0530 Ashok S/O Bhagwandas Nawal ..... Applicant

VERSUS

Feroz Khan S/o Omer Khan & Ors.

..... Respondents Ms.Chandni Sachade i/b. Mr.Amol Jagtap for the Applicant/Appellant. None for the Respondents.

CORAM: RAJESH S. PATIL, J.

DATE : 25th OCTOBER, 2023 P.C:- By an order dated 14th October, 2022, the Registrar - Judicial II had dismissed the First Appeal, for non-removal of the office objections.

2.

The present interim application is filed for restoration of the First Appeal. It is the case of the applicant that there is likelihood that they will succeed in the First Appeal.

3.

By an order dated 14th July, 2023, this Court had issued notices

KVM 2/2 38 - IA 20602 OF 2022.doc to the respondents and had directed the applicant to file an affidavit of service.

4.

Today, Ms. Sachade, learned advocate has tendered a copy of the affidavit of service dated 25th October, 2023. It is stated in the affidavit that all the respondents are served by Registered A.D. Post. The report of the Postal Department as per track consignment (Online) shows that all the respondents are served.

5.

None appears for the respondents. Heard Ms.Sachade. I have gone through the contents of the interim application. The grounds are made up to allow this interim application. Interim application is made absolute in terms of prayer clause (a).

6.

Interim application is disposed of.

7.

Office objections to be removed by the applicant within a period of six weeks from today.

[RAJESH S. PATIL, J.]