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Bombay High CourtCA/5410/2018admittedallowedgrantedrule absolute

Bhagwat Sakharam Gaikwad Lrs Gangubai Lrs Sharad And Others v. Popat Tukaram Gaikwad

2018-07-12Hon'Ble Shri Justice P.R. Bora2 pages

{1} 928 CA 5410 of 2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 928 CIVIL APPLICATION NO. 5410 OF 2018 IN SA/515/2015 BHAGWAT SAKHARAM GAIKWAD (DECEASED) THR.LRS.

GANGUBAI (DECEASED) THR.LRS. SHARAD AND OTHERS

VERSUS

POPAT TUKARAM GAIKWAD ...

Advocate for Applicants : Adv.Surekha A. Munde h/f.Shri Nandkishor J.Pahune Patil Advocate for Respondent : Shri N.P.Ghanawat h/f. Shri K.B.Avtade ...

CORAM : P.R. BORA, J.

Date: July 12, 2018 ...

PER COURT :- Heard the learned Counsel for the applicants and learned Counsel appearing for the respondent. The Second appeal was dismissed since the office objections were not removed within the stipulated period. The learned Counsel for the applicants/appellants undertakes to remove the office objections within two weeks.

In view of the undertaking so given and in view of the fairness shown by the learned Counsel

{2} 928 CA 5410 of 2018 for the respondent for allowing the application, I am inclined to allow the application. Hence, the following order is passed:-

ORDER

I) Application is allowed.

II) Delay in filing the application is condoned.

III) Application is disposed of.

IV) Second Appeal stands restored to its original file.

V) As undertaken, the learned Counsel for the appellants/applicants shall remove the office objections within two weeks.

VI) List the matter for further consideration on 02.08.2018.

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