← Library
Bombay High CourtCA/6318/2019disposed offdismissed for default

Sanjay Tukaram Lokhande And Others v. Bapu Kisan Lokhande And Others

2019-06-07Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

1030-ca-6318-19 in rc.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.6318 OF 2019 IN RC/268/2019 SANJAY TUKARAM LOKHANDE AND OTHERS

VERSUS

BAPU KISAN LOKHANDE AND OTHERS ...

Advocate for the Applicants : Shri M. H. Shaikh h/f. Shri V. R. Dhorde ...

CORAM : RAVINDRA V. GHUGE, J.

DATED : 07th JUNE, 2019.

...

PER COURT :

1.

The applicants/petitioners pray for setting aside the order of the learned Registrar dated 18/03/2019, by which, he was given time of 7 days upto 25/03/2019, to remove all office objections. This Civil Application has been filed on 11/04/2019 and the delay is of 10 days. The said application should have been filed within 7 days from 25/03/2019. 2.

The learned Advocate for the applicants submits that he is willing to remove all office objections and is also willing to pay costs. He points out that the refusal of registration was at the pre notice stage and there was no caveat filed by the

1030-ca-6318-19 in rc.odt respondents.

3.

Considering the above, this application is allowed. Delay of 10 days is condoned. The Writ Petition would be registered subject to the following conditions :- (a) The petitioner shall deposit an amount of Rs. 201/- with the Government Medical College and Hospital, Aurangabad, through Medical Officer, High Court Dispensary, Aurangabad, either in cash or by Demand Draft (Demand Draft be drawn in the name of "Dean, Government Medical College and Hospital, Aurangabad Dengi Samiti") within 10 days.

(b) All office objections in the Writ Petition shall be removed on or before 20/06/2019.

(c) If either of the above conditions is not complied with, the Writ Petition would not be registered.

(d) If the above conditions are complied, the order of the Registrar dated 18/03/2019, shall stand recalled and petition shall be restored.

(e) Thereafter, the Writ Petition shall be registered and shall be posted for ''urgent admission hearing'' on 28/06/2019. (RAVINDRA V. GHUGE, J.) shp/-