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Bombay High CourtCA/2286/2015admittedallowedgrantedrule absolute

Shafi Yakub Pathan And Others v. Akbar Ramjan Pathan 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.2286 OF 2015 IN REJECTED CASE NO.1041 OF 2014 IN SECOND APPEAL ST.NO.13120 OF 2014 Shafi Yakub Pathan and ors.

..Applicants

Versus

Akbar Ramjan Pathan and ors.

..Respondents Mr R.B.Narvade Patil, 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 13th August 2014 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 170 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 13th August 2014 passed by Registrar (Judicial) is hereby set aside, subject to payment of costs of Rs.1,000/- (Rs. One 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