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Bombay High CourtCA/12972/2019disposed offdismissed for default

Ambadas Kashinath Muly And Others v. The State Of Maharashtra And Others

2019-10-18Hon'Ble Shri Justice Prasanna B. Varale,Hon'Ble Shri Justice R. G. Avachat2 pages

1 907(1)-ca-12489-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12489 OF 2019 IN/WITH CIVIL APPLICATION STAMP NO. 20910 OF 2016 IN WRIT PETITION STAMP NO. 34145 OF 2015 Ambadas Kashinath Muly and others ... Applicants

Versus

The State of Maharashtra and others ... Respondents ....

Mr. V. B. Garud, Advocate for applicants.

Mr. S. G. Sangle, AGP for the State.

....

CORAM : PRASANNA B. VARALE & R. G. AVACHAT, JJ.

DATED : 18th OCTOBER, 2019 PER COURT :- 1.

Heard learned counsel for the applicants.

2.

By way of present application, the applicants pray for condonation of delay caused in filing application for setting aside the order of Registrar (Judicial) dated 04.03.2019, whereby registration of Civil Application (stamp) No.20910/2016 was refused for non removal of office objections. It is submitted by the learned counsel for the

2 907(1)-ca-12489-19.doc applicants-petitioners that due to communication gap, the delay is caused in filing application for restoration, and, if time is granted, the applicants-petitioners would remove office objections immediately. 3.

On going through the record, this Court deems it appropriate to allow Civil Application No.12489/2019 condoning the delay of 191 days as also application for setting aside the order of Registrar (Judicial) dated 11.04.2016 and to restore the petition. 4.

Thus, both the civil applications i.e. Civil Application No.12489/2019 and Civil Application (stamp) No.20910/2016 are allowed and disposed of. The writ petition is restored to file. [ R. G. AVACHAT, J. ] [ PRASANNA B. VARALE, J. ] SMS