Shreedevi Virbhadra Mallabade v. Kashappa Chanmalappa Mallabade-Deecased Thr.1-A)Chaudappa Kashappa Mallabade And ORS.

SIDDHARAM MASHAL Date: 2022.09.14 16:58:48 +0530 IRESH SIDDHARAM MASHAL 14-ia-4058-2019-rc-2015-2019.doc Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4058 OF 2019 IN REJECTED CASE NO. 2015 OF 2019 Shreedevi Virbhadra Mallabade .....Applicant V/s.

Kashappa Chanmalappa Mallabade- Deceased through 10A Chaudappa Kashappa Mallabade and Ors.

.....Respondents Mr. Shravan K. Giri Advocate for the Applicant. CORAM : GAURI GODSE, J.

DATE :

12th September, 2022.

P.C.

1.

This Application is for condonation of delay in filing restoration Application and setting aside the order dated 9th August 2019 passed by Registrar ( Judicial - II). By the said order, conditional time was granted to the Applicant-Appellant to remove office objections. Objections were not removed within time. Hence, First Appeal was dismissed. 2.

Considering the reasons given in the Application, Application is allowed 1/2

14-ia-4058-2019-rc-2015-2019.doc in terms of prayer clause (a) and (b) which read thus: "(a) the delay of 96 days may kindly be condoned and civil application may be allowed.

(b) the order dtd 9 August 2019 may be set aside and the matter First Appeal St No. 12235 of 2019 may kindly be restored to the file of this Hon'ble Court and be heard on merits."

3.

Applicant to remove all office objections within period of 4 weeks from today, failing which present Application shall stand dismissed without further reference to the Court.

[GAURI GODSE, J.] 2/2