Kashibai Kalappa Gaye And ANR. v. Nagubai Vishwanath Kumbhar And ORS.

902 caw93-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.93 OF 2017 IN WRIT PETITION NO.2668 OF 2016 Kashibai Kalappa Gaye and Anr.

.. Applicant V/s.

Nagubai Vishwanath Kumbhar and Ors.

.. Respondents Mr.Samit Kumbhakoni for the petitioner Mr.Swaroop Karade I/b Mr.Surel S. Shah for the respondent nos.1 to 7

CORAM:

K.K. TATED, J DATED :

NOVEMBER 29, 2018 P.C. :

Heard.

By this Civil Application, Applicant is seeking to restore Writ Petition No.2668 of 2016 which stand dismissed for nonremoval of office objections as per order dated 01.08.2016. The learned counsel for the Applicant submits that, immediately after the order was passed by this court, Applicant filed praecipe dated 19.08.2016 in the department stating that papers of Writ Petition were not available for removal of office Mohite 1/2

902 caw93-17.doc objections. He submits that because of that it remained on the part of Applicant to remove office objections within time. The learned counsel for the Applicant submits that applicant undertakes to remove all office objections on or before 19.01.2018. Statement is accepted. Considering these facts following order is passed:

a) Writ Petition No.2668 is restored on file for hearing on its own merits.

b) Time to remove office objections as per order dated 01.08.2016 is extended till 19.01.2019.

c) If office objections are not removed within stipulated time as stated hereinabove, on or before 19.01.2019, present Civil Application shall stand dismissed without referring back to the court.

d) If office objections are removed within stipulated time as stated hereinabove, Writ Petition No.2668 of 2016 to be placed on board for hearing as per its turn.

e) Civil application stands disposed off accordingly. (K.K. TATED, J.) Mohite 2/2