Shri. Shaikh Abdul Razak Ismail (Dead) Thr. Lrs.1-1)Smt. Saira Wd/O. Shaikh A.R.Ismail And ORS. v. Municipal Corporation Of Gr. Mumbai

32.945.19-caf.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.945/2019 IN FIRST APPEAL NO.975/1997 Shaikh Abdul Razak Ismail & Ors.

... Applicants V/s.

Municipal Corporation of Gr. Mumbai ... Respondent Mr. S. M. Kazi for the Applicants

CORAM:

K.K. TATED, J.

DATED :

MARCH 13, 2019 P.C. :

Heard. By this Civil Application, the Applicant seeks to set aside the conditional order dated 18.10.2011 passed by the learned Registrar (Judicial-II) by which the Civil Application (ST) No.8654/2011 stood dismissed for non removal of office objections.

The learned counsel for the Applicants submits that the Applicants undertake to remove all office objections in Civil Application (ST) No.8654/2011 within four weeks from today. The undertaking is accepted.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing Basavraj G. Patil 1/2

32.945.19-caf.doc the present Civil Application.

Hence, the following order is passed:

a) Delay in filing the Civil Application is condoned. b) The order dated 18.10.2011 passed by the learned Registrar (Judicial-II) is set aside.

c) Civil Application (ST) No.8654/2011 is restored to file for hearing on merits.

d) The Applicant to remove all office objections in Civil Application (ST) NO.8654/2011 within four weeks from today, failing which the Civil Application shall stand dismissed without further reference to the court.

e) Civil application stands disposed off accordingly. f) No order as to costs.

(K. K. TATED, J.) Basavraj G. Patil 2/2