Bombay High CourtCA/3787/2015admittedallowedgrantedrule absolute

The President / Secretary, Gram Vikas Mandal, Dhule And Another v. Govind Hiralal Chaudhari, Lrs Bhagyashri Govind Chaudhari And Another

2015-07-31Hon'Ble Shri Justice Ravindra V. Ghuge3 pages

*1* kps

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3787 OF 2015 IN WP/743/1998 THE PRESIDENT / SECRETARY, GRAM VIKAS MANDAL, DHULE AND ANOTHER

VERSUS

GOVIND HIRALAL CHAUDHARI, LRS BHAGYASHRI GOVIND CHAUDHARI AND ANOTHER ...

Advocate for Applicants : Mr.Bachate Pralhad D. Advocate for Respondent Nos.1 and 2 : Mr.S.B.Bhosale h/f Mr.S.P.Brahme. ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 31st July, 2015 Per Court:

This Court had issued notice on 24.03.2015. The record indicates that all Non Applicants have been served. The Applicants pray for condonation of 703 days' delay in filing this Civil Application for recalling of the order dated 11.02.2013 passed by the Registrar refusing registration to Civil Application (Stamp) No.4583/2012. The Applicants submit that Civil Application (stamp) No.4583/2012 was filed so as to bring the legal heirs of the sole Respondent on record. Since the objections were not removed in time,

*2* registration was refused.

Shri Bachate, therefore, submits that the delay be condoned and this application be allowed, thereby, restoring Civil Application (stamp) No.4583/2012. He undertakes to remove all office objections. Shri Bhosale appears on behalf of the legal heirs and strenuously opposes the application.

For the reasons set out in this Civil Application, the same is allowed. Delay of 703 days is condoned by imposing costs of Rs.3000/- (Rupees Three Thousand) on the Applicant Society. The costs be deposited in this Court within a period of THREE WEEKS from today. After depositing of costs, the Non Applicants shall be at liberty to withdraw the same without any condition. The order dated 11.02.2013 refusing registration to Civil Application (stamp) No.4583/2012 shall stand recalled. The Applicants shall remove all office objections within a period of FOUR WEEKS pursuant to which Civil Application (stamp) No.4583/2012 shall be registered. In the event of non compliance of this order, the same shall

*3* stand recalled, the order 11.02.2013 shall stand restored and then, this Civil Application shall stand rejected.

(RAVINDRA V. GHUGE, J.)