Suvarna Kalidas Mase Through Gpa Kalidas Vishnu Mase v. Dhondabai Bhagwat Jawale And Others

41ca980.20

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 41 CIVIL APPLICATION NO.980 OF 2020 IN RC/1292/2018 IN WPST 10906/2018 SUVARNA KALIDAS MASE THROUGH GPA KALIDAS VISHNU MASE

VERSUS

DHONDABAI BHAGWAT JAWALE AND OTHERS ...

Advocate for Applicant : Shri Deshmukh Prashant K. ...

CORAM : N.J. JAMADAR, J.

DATE : 15/03/2021 P.C. :

1.

Heard.

2.

This application is for condoning delay in taking out the application to set aside the order dated 3rd September, 2018 passed by the learned Registrar (Judicial) and set aside the said order refusing the registration of Writ Petition St. No. 10906 of 2018. 3.

The learned counsel for the applicant submits that the learned Advocate of the petitioner was under an impression that the copy of the Power of Attorney was not required to be filed as the said fact is borne out by the cause title of the plaint.

4.

None-the-less, the applicant has since removed the said office

41ca980.20 objection regarding non production of the copy of Power of Attorney. 5.

For the reasons assigned in the application, the order passed by the learned Registrar (Judicial), refusing registration deserves to be set aside. Hence following order :

ORDER

a) The application stands allowed in terms of prayer Clauses 'B' and 'C'.

b) The order refusing registration dated 3rd September, 2018 stands set aside.

c) Writ Petition St. No. 10906 of 2018 stands restored to its original position.

d) Once office objections are removed, the Writ Petition St. No. 10906 of 201 be listed for admission in the week commencing from 5th April, 2021.

( N.J. JAMADAR ) JUDGE mahajansb/