Sampat Hiralal Sundarde And ANR v. Sow. Anita Vitthal Bighot And ANR

12 ca.4037.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

12 CIVIL APPLICATION NO. 4037 OF 2017 IN RC/197/2017 SAMPAT HIRALAL SUNDARDE AND ANR

VERSUS

SOW. ANITA VITTHAL BIGHOT AND ORS ...

Advocate for Applicants : Mr. Ashok A. Mundhe. ...

CORAM :

N. W. SAMBRE, J.

DATE :

12th June, 2017.

P.C.:

.

Mr. A. A. Mundhe, learned counsel undertakes that if the second appeal is restored, he shall remove the office objections within a period of two weeks. The statement is accepted in the form of undertaking. There is a delay of 14 days in moving the application for restoration. Since the other side was not put to notice on second appeal, the notice to the non-Applicants herein is dispensed with. For the reasons disclosed, the delay of 14 days stands condoned. The application for restoration of second appeal stands allowed as the order of Registrar dated February 8, 2017 dismissing the appeal is hereby set aside subject to payment of costs of Rs.500/- (Rupees Five Hundred Only) to the High Court Bar Library.

12 ca.4037.17.odt The order of dispensing with the notice to the non-Applicants is passed as the present order is not detrimental to the interest of the non-Applicants.

If the objections are not removed, the order of dismissal of the second appeal shall governed the field.

If the objections are removed, post the matter for admission thereafter.

[ N. W. SAMBRE, J. ] ndm