Shri Dhondiba Krishna Ichake (Now Deceased Thr. L/H.) 1 Mrs. Urmila Arun Dhumal v. Shri Karbhari Sakharam Pokale (Now Deceased Thr. L/H.) A Shri Yashwant Karbhari Pokale

54-cas95-16 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.95 OF 2016 IN SECOND APPEAL (STAMP) NO.28260 OF 2011 Dhondiba K. Ichake, since deceased through His L.Rs. - Mrs.Urmila A. Dhumal & Ors. ...Applicants V/s.

Karbhari S. Pokale, since deceased through His L.Rs. - Yashwant K. Pokale & Ors.

...Respondents

Ms.Priyanka Joshi i/b Mr.Rahul Kate for the Applicants. None for the Respondents.

CORAM : R.D. DHANUKA, J.

DATE : 16TH SEPTEMBER, 2016.

P.C. :- 1.

By this civil application, the applicants seek restoration of the second appeal which is dismissed in view of non-compliance of the conditional order passed by the learned Registrar (Judicial-II) on 5th December, 2011 and for condonation of delay. 2.

I have heard the learned counsel appearing for the applicants and have perused the civil application. The applicants have made out a case for condonation of delay and for setting aside the conditional order passed by the learned Registrar (Judicial-II) on 5th December, 2011 on the condition that the applicants remove all 1/2

54-cas95-16 the office objections within two weeks from today. It is made clear that no further extension would be granted. If all the office objections are not removed within two weeks from today, the second appeal to stand dismissed without further reference to the Court. 3.

The civil application is accordingly made absolute in terms of prayer clauses (b) and (c) on the condition that applicants remove all office objections within two weeks from today. No order as to costs.

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