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Bombay High CourtCA/5153/2014admittedallowedgrantedrule absolute

Dattatraya Bhika Badgujar And Others v. Vishwanath Lotan Badgujar And Others

2015-04-13Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.5153 OF 2014 IN REJECTED CASE NO.1041 OF 2013 DATTATRAYA BHIKA BADGUJAR AND OTHERS APPLICANTS

VERSUS

VISHWANATH LOTAN BADGUJAR AND OTHERS RESPONDENTS Mr.Swapnil S.Patil, Advocate for the applicants. ( CORAM : RAVINDRA V. GHUGE, J.) DATE : 13/04/2015 PER COURT :

1.

Second Appeal Stamp No.16324/2013 was refused registration for non removal of office objections by the order of the Registrar dated 04/09/2013. Delay of 155 days is caused in filing this application praying for recalling/setting aside of the order and restoration of the second appeal.

2.

For the reasons set out in the civil application, same is allowed. Delay of 155 days is condoned subject to costs of Rs.1,000/- (Rs.One thousand only) to be deposited with the Advocate Associations' Bar Library, High Court, Aurangabad within 3 (three) weeks from today. khs/April 2015/5153-14 (d)

3.

Order of the Registrar dated 04/09/2013 is set aside. Objections shall be removed within 2 (two) weeks from the date of depositing the costs.

4.

In the event of non-compliance of this order, the same shall stand recalled, civil application shall stand rejected and the order of the Registrar shall stand restored.

( RAVINDRA V. GHUGE, J.) khs/April 2015/5153-14 (d)