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Bombay High CourtCAS/1955/2015allowed

Shri. Namdev Maruti Sathe v. Shri. Pandurang Narayan Sathe And ORS.

2016-01-08Hon'Ble Shri Justice R.D. Dhanuka2 pages

9-cas1955-15 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1955 OF 2015 IN SECOND APPEAL (STAMP) NO.20445 OF 2015 Namdev M. Sathe ...Applicant V/s.

Pandurang N. Sathe & Ors.

...Respondents

Mr.T.D. Deshmukh for the Applicant.

None for the Respondents.

CORAM : R.D. DHANUKA, J.

DATE : 8TH JANUARY, 2016.

P.C. :- 1.

By this civil application the applicant seeks restoration of the second appeal and prays for setting aside of the order dated 12th October, 2015, passed by the learned Registrar (Judicial-II). Learned counsel for the applicant submits that the certified copy of the grounds of appeal before the lower appellate Court is now available and would be filing within one week from today. The statement is accepted.

2.

For the reasons recorded in the civil application, the civil application is made absolute in terms of prayer clauses (a) to (d) on the condition that the applicants remove all the office in the second 1/2

9-cas1955-15 appeal within two weeks from today. It is made clear that if all the office objections are not removed within two weeks from today, Second Appeal (Stamp) No.20445 of 2015 to stand dismissed without further reference to this Court.

3.

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

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