Laluman Balwanta Gorhe v. Gokul Murlidhar Kasbe And Others

Rane (sr.42) * 1/2 * CAS-27-2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 27 OF 2017 (FOR RESTORATION) IN REJECTED CASE NO. 1856 OF 2014 Laluman Balwanta Gorhe ....Applicant V/s.

Gokul Murlidhar Kasbe ....Respondent Mr. Tushar Sonawane, Advocate for the Applicant. Coram :- N.M. Jamdar, J.

Date :- 5 May, 2017.

P.C. :- .

Heard Learned Counsel for the Applicant.

2.

On 5 May, 2016 an order was passed restoring the Second Appeal which was dismissed for non-removal of office objections and further eight weeks conditional time was granted. Even in those eights weeks period, objections were not removed. Thereafter, present Civil Application was moved. The Learned Counsel for the Applicant sought to contend that due to some

Rane (sr.42) * 2/2 * CAS-27-2017 difficulties, the objections could not be removed. If that was the position, nothing stopped the Applicant from seeking extension. Simplicitor indulgence thus cannot be granted, the Applicant will have to pay costs.

3.

Accordingly, the Civil Application is allowed in terms of prayer clauses (b) and (c) subject to costs of Rs.5,000/- to be deposited in the Registry on/or before 9 June, 2017, failing which the earlier order will stand restored.

(N.M. Jamdar, J)