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Bombay High CourtCA/9421/2017admittedallowedgrantedrule absolute

Keshavrao Ram Deshmukh And Others v. Kalawatibai Bhanudas Chiwade And Others

2017-07-28Hon'Ble Shri Justice Nitin W. Sambre2 pages

CA 9421-2017 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9421 OF 2017 IN SECOND APPEAL (STAMP) NO. 14575 OF 2015 Keshavrao S/o Ram Deshmukh ...APPLICANT

VERSUS

Sow. Kalawatibai Bhanudas Chiwade and others ...RESPONDENTS Shri M.L. Dharashive, Advocate, for applicant. CORAM : N.W. SAMBRE, J.

DATE : 28th July, 2017 ORAL ORDER Shri Dharashive, learned Counsel for the applicants/appellants, undertakes to remove office objections, within one week, in case application is allowed for restoration. 2.

There is delay of 704 days in moving an application. 3.

The respondents are not appeared yet in main second appeal.

CA 9421-2017 (2) 4.

Considering reasons explained in application, delay of 704 days caused in preferring application for restoration, stands condoned, subject to payment of cost of Rs. 2500/- (Rs. Two thousand five hundred only), to be paid to the High Court Bar Library, within two weeks from today. The applicants shall produce copy of receipt of payment of cost with the Registry, so as to enable to remove office objection, within one week thereafter. 5.

The application stands allowed by setting aside order dated July 29 2015, passed by the Registrar (Judicial). 6.

If the amount of cost, as ordered, is not paid within stipulated time and the objections are not removed as ordered, the appeal shall stand dismissed without further reference to the court. ( N.W. SAMBRE, J.) pjm