Anusayabai Sureshrao Lathkar v. Digambar Rukmaji Viddpealle And Others

C.A.No.7888/14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.7888 OF 2014 IN REJECTED CASE NO.253 OF 2014 IN SECOND APPEAL (ST.) NO.30528 OF 2013 Anusayabai w/o Sureshrao Lathkar ..APPLICANT

VERSUS

Digambar s/o Rukmaji Vaddpealle & ors.

..RESPONDENTS Mr V.B. Dhage, Advocate for applicant;

Mr M.V. Ghatge, Advocate for respondents no.2 & 3 CORAM : N.W. SAMBRE, J.

DATE : 23rd JANUARY, 2015 ORAL ORDER:

This is an application for setting aside the order passed by Registrar (Judicial), refusing registration of the appeal on 5th February, 2014 and for condonation of delay of 41 days, caused in filing the application for the said purpose.

2.

The application is opposed by the learned Counsel appearing on behalf of the non applicants. However, for the reasons stated in the application and in the interest of justice, delay caused in filing present application is condoned and the order dated 5th February, 2014, is set aside. The undertaking given by the learned Counsel for the applicants, that he shall remove office objections within two

C.A.No.7888/14 weeks from today, is accepted.

3.

In the facts and circumstances, the applicant shall pay costs of Rs.1,000/- to the Library, Advocates Association of Bombay High Court at Aurangabad, within four weeks from today. 4.

Civil Application stands allowed in above terms. (N.W. SAMBRE, J. ) amj