Kadubai Uttreshwar Kamble And ANR v. Bhagwan Dadarao Dhole Died Lrs Dilip Bhagwanrao Bhillare And ORS

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD 14 CIVIL APPLICATION NO. 7188 OF 2016 IN RC/740/2012 KADUBAI UTTRESHWAR KAMBLE AND ANR

VERSUS

BHAGWAN DADARAO DHOLE DIED LRS DILIP BHAGWANRAO BHILLARE AND ORS ...

Advocate for Applicants : Mahesh Kale h/f. Naikwade Shivaji K. Advocate for Respondents 1 & 2 : A.D. Hande h/f. A.M. Gaikwad ...

CORAM : T.V. NALAWADE, J.

DATED : 7th June, 2016.

ORDER :

1.

Learned counsel Shri. Hande holding for Shri. Gaikwad submitted that he needs to take instruction from his client.

2.

The application is filed for setting aside the order made by the learned Registrar Judicial by which the registration was refused for not removing the office objections and also for condonation of delay of 1368 days caused in filing the application. Relief of permission to reconstruct the file of second appeal is also claimed as the record of the second appeal is also destroyed. In view of the contentions made in the application and submissions made and as the counsel has taken blame to himself, this Court holds that the application needs to be allowed.

3.

So, the application is allowed. The delay is condoned. The order of learned Registrar Judicial is hereby set aside. The matter is restored to its original stamp number. Permission is granted to reconstruction of file.

[ T.V. NALAWADE, J. ] ssc/