Suryabhan Waman Gaikwad And ORS v. Madhu Lilaram Gurnani And ORS

20-IA-18400-2023.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 18400 OF 2023 rrpillai IN WRIT PETITION (ST) NO. 21340 OF 2019 Suryabhan Waman Gaikwad and Others...

Applicants/Petitioners Vs.

Madhu Lilaram Gurnani and Others ...

Respondents Mr. V. S. Kapse i/b. Mr. Sachin Shetye for the Applicant. None for the Respondents.

CORAM : GAURI GODSE, J.

DATE :

26th MARCH 2024 P.C.

1.

This application is for setting aside conditional order dated 21st April 2023 passed by the learned Registrar (Judicial-I) and restoration of the Writ Petition.

2.

Learned counsel for the applicant submits that the objections were not removed within the conditional time granted by order dated 21st April 2023 and hence registration of the petition was refused. He submits that none of the respondents were represented when the conditional order was passed. He submits that there is a delay in filing Digitally signed by RAJESHWARI RAMESH PILLAI Date:

2024.03.30 14:55:51 +0530 the application and delay is explained in the application. RAJESHWARI RAMESH PILLAI 1/2

20-IA-18400-2023.docx 3.

I have perused the application. Since the registration of the petition was refused in view of the conditional order and none of the respondents were represented when the conditional order was passed, notice of this application is not required to be issued to the respondents.

4.

Learned counsel for the applicant submits that the objections will be removed within two weeks from today.

5.

For the reasons stated in the application, delay is condoned and application is allowed in terms of prayer clause (a) and (b), subject to the petitioners removing all office objections within four weeks from today. If objections are not removed the present application will stand dismissed without further reference to the court. 6.

The present application is allowed and the conditional order dated 21st April 2023 is set aside only qua Writ Petition (St) No. 21340 of 2019.

[GAURI GODSE, J.] 2/2