Usha Ramrao Bhojane v. Mangala Shivdas Dindokar And 6 Others

nma-1513.16 pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1513 OF 2016 IN APPEAL (L.) NO.530 OF 2015 IN NOTICE OF MOTION NO.1415 OF 2014 IN SUIT NO.824 OF 2014 Usha Ramrao Bhojane ... Applicant In the matter between Usha Ramrao Bhojane ... Appellant

Versus

Mangala Shivdas Dindokar & Ors.

... Respondents Mr. Sachin J. Kadam for the Applicant.

CORAM : A.S. OKA & A.A. SAYED, JJ.

DATE : 5th AUGUST, 2016 P.C.

Heard the learned counsel appearing for the Applicant. The Appeal preferred by the Applicant has been dismissed by the Prothonotary & Senior Master in exercise of powers under Rule 986 of the Bombay High Court, Appellate Side Rules. This Notice of Motion is taken out for restoration of the Appeal. Perused the affidavit in support. The Appellant has given reasons as to why office objections could not be removed within the time granted by the Prothonotary.

nma-1513.16 Considering the statements made in the affidavit in support, the Appeal deserves to be restored. Accordingly, we pass the following order :-

ORDER

(i) Notice of Motion is made absolute in terms of prayer clauses (a) and (b) subject to condition that all objections in the Appeal shall be removed by the Applicant/Appellant within a period of one month from today. If compliance is not made within the stipulated time, the order of dismissal shall stand.

(A.A. SAYED, J ) (A.S. OKA, J )