Mrs. Sudhrani Manojkumar Aherrao v. Mr. Manojkumar Gopinath Aherrao

60-cas1875-15 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1875 OF 2015 IN SECOND APPEAL (STAMP) NO.24218 OF 2015 Sudhrani M. Aherrao ...Applicant V/s.

Manojkumar G. Aherrao

...Respondent

Mr.Pramod Pawar for the Applicant.

None for the Respondent.

CORAM : R.D. DHANUKA, J.

DATE : 4TH DECEMBER, 2015.

P.C. :- 1.

By this civil application, the applicant seeks restoration of the second appeal which is dismissed in view of the conditional order passed by this Court on 15th September, 2015. Learned counsel for the applicant states that the applicant has in her custody certified copy of the decree passed by the learned trial Court which could not be supplied earlier.

2.

I have perused the reasons recorded in the civil application. I am of the view that the applicant has made out a case for not filing the certified copy of the decree within the time prescribed by this Court in the conditional order dated 15th September, 2015. The 1/2

60-cas1875-15 applicant is directed to furnish the certified copy of the decree within two weeks from today.

3.

The civil application is made absolute in terms of prayer clauses (b), (c) and (d). The office is directed to issue notice before admission to the respondent, returnable after eight weeks from today. In addition to the usual mode of notice, the applicant is permitted to serve the respondent by private service i.e. by registered A.D. / courier / hand delivery and shall file affidavit of service before the next date.

4.

The applicant shall remove all the office objections, if any, within two weeks from today, failing which the civil application shall stand dismissed without further reference to the Court. 5.

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

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