Girji Kesrya Gavit v. Bhamtya Manshya Gavit And Others

1 CA 2548 of 2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 913 CIVIL APPLICATION NO. 2548 OF 2016 IN RC/748/2013 GIRJI KESRYA GAVIT

VERSUS

BHAMTYA MANSHYA GAVIT AND OTHERS -------- Shri. Arvind S. Deshmukh, Advocate, for applicant. -------- CORAM: T.V. NALAWADE, J.

DATE : 17th JUNE 2016.

ORDER:

1) The application is filed for condonation of delay of 951 days caused in filing application for setting aside the order made by the learned Registrar (Judicial) by which the matter is dismissed for default. Relief of restoration of the matter is also claimed. Heard learned counsel for the applicant.

2) In view of the contentions made in he application the submission made and as it appears that the matter was assigned by the High Court Legal Services Sub Committee to the learned counsel and as the learned

2 CA 2548 of 2016 counsel takes blame to himself that he could not communicate the client who is a tribal, this Court holds that sufficient cause is shown. The application is allowed. Delay is condoned. The order made by the Registrar (Judicial) is hereby set aside. The matter is restored to its original number. Time of four weeks is given to remove the office objections. If the objections are not removed within four weeks, it is to be presumed that the present matter is dismissed.

Sd/- (T.V. NALAWADE, J. ) rsl