Amol Arvind Kulkarni And Others v. The State Of Maharashtra, Thro. The Collector And Others

17-CA-946-2023.odt SPChauhan

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 946 OF 2023 IN SECOND APPEAL STAMP NO. 39073 OF 2019 Amol Arvind Kulkarni and others ... Appellants

Versus

The State of Maharashtra Through the Collector and others ... Respondents ....

Mr. A.S. Jadhav - Advocate for Appellants Mr. S.B. Pulkundwar - Advocate for Respondent Nos. 1 and 2 ....

CORAM : GAURI GODSE, J.

DATE : 13th February, 2023 PER COURT :

1.

This application is filed for setting aside order dated 19th January, 2022, passed by the learned Registrar (Judicial). 2.

By the said order conditional time was granted to remove office objections. Office objections were not removed within time. Hence, the Registration of Second Appeal was refused. 3.

Learned counsel appearing for the applicants state that all the office objections will be removed within a period of two weeks from today.

4.

For the reasons stated in paragraph no. 4 of the application, the delay in filing the application is required to be condoned. 1/2

17-CA-946-2023.odt Hence, subject to the applicant removing all the office objections within a period of two weeks from today, the application is allowed in terms of prayer clauses 'b' and 'c', which read thus :

'b.

This Hon'ble Court may be pleased to restore the Second Appeal St. No. 39073/2019 to its original position, by recalling the order dated 19.01.2022 passed by this Hon'ble Registrar (Judl) in Second Appeal St. No. 39073/2019.

c.

This Hon'ble Court may be pleased to condone the delay of 365 days in filing this application for recalling the order of dismissal dated 19.01.2022 passed by this Hon'ble Registrar (Judl) in Second Appeal St. No. 39073/2019."

5.

If office objections are not removed within time, the application will stand dismissed without further reference to the court. [ GAURI GODSE ] JUDGE 2/2