Babasaheb Martand Hon And Others v. Kundlik Mahadu Dighe

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO.2941 OF 2015 IN REJECTED CASE NO.1914 OF 2014 IN WRIT PETITION ST.NO.10699 OF 2014 Babasaheb Martand Hon and ors.

..Applicants

Versus

Kundlik Mahadu Dighe ..Respondent Mr S.B.Kadu, Advocate for applicants Mr S.P.Joshi, Advocate for respondent CORAM : N.W. SAMBRE, J.

DATE : 4th March 2015 PER COURT 1.

The order dated 24th November 2014 passed by the Registrar (Judicial), which is sought to be set aside, is strongly objected by the learned Counsel for the respondent - non applicant, as according to him no sufficient cause for condonation of delay and for setting aside the said order of refusal of registration of petition, is established. However, in the interest of justice and for the reasons stated in the application, delay of 78 days in preferring this application is condoned.

2.

The order dated 24th November 2014 passed by Registrar (Judicial) refusing registration of the petition is set aside in view of the undertaking furnished by he applicants that they shall remove the objections within a period of two weeks.

3.

The above order is subject to payment of costs of Rs.1,000/-, to be paid to non-applicant within a week, which shall be condition precedent. Civil Application stands disposed of. ( N.W. SAMBRE, J.) vvr