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Bombay High CourtCA/4417/2015disposed offdismissed for default

Ratanlal Dagadulal Kalal Died Th Lrs Deepak Ratanlal Jaiswal (Kalal) And ORS v. Shankar Shamrao Rokade

2015-04-16Hon'Ble Shri Justice M.T. Joshi2 pages

1 CA 4417/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4417 OF 2015 IN CRA (ST.)/31093/2011 IN RC/145/2012 Ratanlal Dagadulal Kalal died through LRs. and others .. Applicants Vs.

Shankar Shamrao Rokade .. Respondent ---- Mr. Kalyan Patil, Advocate i/b. Mr. S.R. Barlinge, Advocate for the applicants ---- CORAM : M.T. JOSHI, J.

DATE : 16/04/2015 ORAL ORDER :

1.

Heard learned counsel for the applicants. He submits that due to inadvertence of the Advocate, the objections could not be removed and, therefore, the Civil Revision Application was rejected. Since the office objections were not noticed for long time and, therefore, the order dated 2/2/2012 passed by the Registrar (Judicial) of rejection of the revision application for non-removal of the Office objections, may be set aside.

2 CA 4417/2015 2.

Considering all these facts on record, the delay of 1153 days in filing the present application is condoned. The order of the learned Registrar (Judicial) dated 2/2/2012 is hereby set aside. Civil Revision Application (St.) No. 31093 of 2011 is hereby restored. 3.

Since the record and papers of the said Civil Revision Application are destroyed by the Office as per rules, permission to reconstruct the same is hereby granted. Office to restore the civil revision (stamp) application.

4.

Application accordingly stands disposed of.

[M.T. JOSHI] JUDGE arp/