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Bombay High CourtCA/1022/2015admittedallowedgrantedrule absolute

Parmeshwar Dada Koli And ORS v. Ambadas Kondiba Marale And Others

2015-02-27Hon'Ble Shri Justice Nitin W. Sambre1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO.1022 OF 2015 IN REJECTED CASE NO.341 OF 2011 IN SECOND APPEAL ST.NO.35432 OF 2010 Parmeshwar Dada Koli and ors.

..Applicants

Versus

Ambadas Kondiba Marale and ors.

..Respondents Mr V.S.Undre, Advocate for applicants CORAM : N.W. SAMBRE, J.

DATE : 27th February 2015 PER COURT 1.

This is an application for setting aside the order dated 30th March 2011 passed by Registrar (Judicial) refusing the registration of the appeal for non-removal of office objections. The applicants also pray for condonation of delay of 1383 days in filing the application. 2.

For the reasons stated in the application, the delay caused in filing this application is condoned and the order dated 30th March 2011 passed by Registrar (Judicial) is hereby set aside, subject to payment of costs of Rs.2,000/- (Rs.Two thousand) to be paid to High Court Association's Library within a period of two weeks from today. Payment of costs is condition precedent.

3.

The learned Counsel for the applicants undertakes that the objections in the matter will be removed within three weeks from today. 4.

The statement is accepted in the form of undertaking. 5.

As such, civil application stands granted. Failure to remove office objections within the stipulated period shall result in restoration of the order passed by Registrar (Judicial).

( N.W. SAMBRE, J.) vvr