Smt. Sulata Soumitra Sarkar And ORS. v. Shri. Jagadish T. Patil And ORS.

JAYARAJAN ANJAKULATH NAIR Date: 2022.04.22 15:02:25 +0530 JAYARAJAN ANJAKULATH NAIR 1/2 902 CAF-650.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.650 OF 2019 IN REJECTED CASE NO.1945 OF 2017 Sulata Soumitra Sarkar & Ors.

] ... Applicants Vs.

Jagadish T. Patil & Ors.

] ... Respondents ...

Mr. Saurabh M. Railkar for the applicants.

...

CORAM

: SMT. BHARATI DANGRE, J.

DATED : 21ST APRIL, 2022.

P.C. :- 1.

By the present application, the applicants seek restoration of the first appeal, which was refused registration, on failure to remove the office objections within the period stipulated by the learned Registrar (Jud.-II) on 01/08/2017.

2.

Heard the learned counsel for the applicants and perused the application. In paragraph Nos.3 to 6, the applicants have set out AJN

2/2 902 CAF-650.19.odt the reasons for non removal of the office objections to the effect that the Clerk has missed the matter and it is only when the status of the appeal was checked, it was revealed that the appeal was refused registration in view of the conditional order passed by the learned Registrar.

3.

The delay of 1 year and 35 days in bringing the application is also sought to be condoned on the very same count, since the appellants were not aware about the order refusing registration being passed.

4.

Considering the application to be bonafide, the same is allowed in terms of prayer clauses (a) and (b). 5.

First appeal is restored to it's file with liberty to the appellants to circulate the same after the summer vacation. [SMT. BHARATI DANGRE, J.] AJN