Bombay High CourtCA/364/2017disposed offdismissed for default

Reva Damu Bendale And Others v. Arvinda Dhondu Talekar Died Lrs And Others

2017-01-13Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

*1* 904.ca.364.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 364 OF 2017 IN RC/155/2016 REVA DAMU BENDALE AND OTHERS

VERSUS

ARVINDA DHONDU TALEKAR DIED LRS AND OTHERS ...

Advocate for Applicants : Shri Surve Hemant.

Advocate for Respondents 1, 2, 3-A, 3-C and 3-D : Shri Aashish Manglani h/f Shri P.M.Shah.

...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 13th January, 2017 Per Court:

This Civil Application has been filed by the Applicants seeking condonation of delay of 346 days caused in filing this application and for setting aside the order of the learned Registrar (Judicial) dated 18.01.2016 refusing registration to Civil Application (Stamp) No.6052/2015 for non removal of office objections. I have heard the learned Advocates for the Applicants and the Non Applicants. There is no dispute that Writ Petition No.1850/1998 was admitted and interim relief in terms of prayer clause (C) was also granted. The said petition is still pending.

Civil Application (Stamp) No.6052/2015 was filed for bringing legal heirs of the deceased Non-Applicant No.1 (Arvind Talekar)

*2* 904.ca.364.17 on record. On account of non removal of office objections, the same has been refused registration.

The learned Advocates for the Non Applicants have strenuously opposed this application on the ground that the reasons cited are not satisfactory.

Considering the above, the reasons set out in the Civil Application, advanced age of the litigating sides and the fact that the Writ Petition has been admitted, this Civil Application is allowed. Delay is condoned.

The Applicants shall remove all office objections in Civil Application (Stamp) No.6052/2015 within three weeks from today, after which the order of the learned Registrar shall stand set aside and the Civil Application shall be registered.

It is made clear that if the above direction is not complied with, this order shall stand recalled, this Civil Application would then stand rejected and the order of the Registrar dated 18.01.2016 shall then stand restored.

kps (RAVINDRA V. GHUGE, J.)