Namdeo Bhagwan Marelwar Thr Lrs Mrs Sudhabai Namdeo Marewar And ORS v. Shivraj Dhondiram Ibitwar And ORS

11615.10ca -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11615 OF 2010 IN FIRST APPEAL NO. 2528 OF 2009 Namdeo S/o Bhagwan Marewar Died through L.Rs.

Subhadrabai W/o Namdeo Marewar & ors.

...Applicants versus Shivaji S/o Dhondiram Ibitwar & ors.

...Respondents

.....

Mr. R. K. Ashtekar, Advocate h/f Mr. M B. Whatte, Advocate for applicants. Mr. V. P. Golewar, Advocate for respondent No. 1. Mr. V. D. Gunale, Advocate for respondent No. 2. Mr. M. M. Ambhore, Advocate for respondent No. 5. .....

CORAM : N.W. SAMBRE, J.

DATE : 18TH APRIL, 2015 ORAL ORDER :

This is an application for setting aside the order dated 23/02/2010 passed by the Registrar (Judicial) dismissing the matter in default for not paying printing charges.

2.

There is delay of 147 days in moving the application. 3.

Mr. Golewar, learned Counsel for respondent No.1, Mr. Gunale, learned Counsel for respondent No.2 and Mr. Ambhore,

11615.10ca -2learned Counsel for respondent No. 5 have not objected. As such, civil application stands granted. For the reasons stated in the application, delay caused in moving the application for preferring the appeal stands condoned. The order of Registrar (Judicial) is set aside. The matter is restored to file. The appellants to pay Rs.2000/- (Rs. Two thousand only) to the Library, High Court Bar Association, Bench Aurangabad within period of two weeks from today. 4.

The civil application stands disposed of in above terms. [ N.W. SAMBRE, J. ] Tupe/18.04.15