Sakharam Dnyanoba Dukare And Others v. Kashibai Dashrath Chopde Lrs Santabai And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 CIVIL APPLICATION NO.9436 OF 2018 IN RC/174/2018 IN RC/946/2016 IN SA ST.13664/2015 SAKHARAM DNYANOBA DUKARE AND OTHERS

VERSUS

KASHIBAI DASHRATH CHOPDE LRS SANTABAI AND OTHERS ...

Advocate for Applicants : Mr. Kalani Pravin N. ...

CORAM : P.R. BORA, J.

Dated: August 08, 2018 ...

PER COURT :- 1.

Heard. Learned counsel for the applicants submits that since the office objections were not removed within time, the learned Registrar, vide order passed on 29th July, 2015, has refused the registration of the second appeal. The learned counsel further submits that for restoration of the second appeal, the applicants have preferred CA St.No. 27658/2017. However, since copy of order passed by the Registrar was not annexed with the application, registration of the said application on stamp was also refused.

2.

Learned counsel submits that the applicants BDV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD undertake to remove the office objections within two weeks. The order dated 29th July, 2015 and the subsequent order passed on 10.1.2018 are now part of the record.

3.

In view of the undertaking given by the learned counsel, both the applications deserves to be allowed. The second appeal on stamp along with CA, shall stand restored to original file.

4.

In view of the delay committed in filing the applications, the applicants shall pay cost of Rs.500/- to High Court Advocates' Bar Library. 5.

List the matter for further consideration after three weeks.

( P.R. BORA, J. ) ...

BDV