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Bombay High CourtCA/5388/2024admittedallowedgrantedrule absolute

The Exe.Engineer Irigation Project Omerga Now Osmanabad M.P.Division O.Bad And ORS v. Subhash S/O Appa Mane And Others

2024-06-26Hon'Ble Shri Justice Kishore C. Sant3 pages

2024:BHC-AUG:12423 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 59 CIVIL APPLICATION NO. 5388 OF 2024 IN FAST/21660/2020 THE EXE.ENGINEER IRIGATION PROJECT OMERGA NOW OSMANABAD M.P.DIVISION O.BAD AND ORS ....Applicants

VERSUS

SUBHASH S/O APPA MANE AND OTHERS .....Respondents Mr. Indrajit Kharat, Advocate h/f Mr. P. R. Nangare, Advocate for the applicants Mr. B. R. Surwase, Advocate for respondent CORAM :

KISHORE C. SANT, J.

DATE :

26th JUNE, 2024 P. C.

1.

Heard.

2.

This application is for restoration of the first appeal st No. 21660/2020 alongwith interim applications filed therein by setting aside the order passed by the learned Registrar (Judicial) dated 18-01-2022.

(2) 3.

Learned Registrar (Judicial) was pleased to grant four weeks time to remove all the office objections in the group matters. It was made clear that if objections are not removed within stipulated time, the registration of the appeals would stand dismissed automatically without further reference to the court. Since, the objections were not removed within time, the order of the learned Registrar (Judicial) came in operation and registration of the appeal came to be refused. 4.

Learned advocate for the appellants submits that now the appellants are in a position to remove all the office objections and undertakes to remove objections within four weeks from today. Hence, the following order:-

ORDER

a] Application stands allowed.

b] Conditional order dated 18-01-2022 is set aside to the extent of present appeal subject to removal of all office objections within four weeks

(3) from today.

c] Office to allow the appellants to remove all the office objections within four weeks.

d] After removal of all the office objections, first appeal alongwith applications would stand restored to its original status.

[KISHORE C. SANT, J.] VishalK/59ca5388.24