Anteshwar Gangaram Sustarphod v. The State Of Maharashtra And ORS

1 962-CA-10484-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.10484 OF 2018 IN RC/1103/2018 ANTESHWAR GANGARAM SUSTARPHOD

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicant : Mr. G. N. Chincholkar AGP for Respondents No.1 and 2 : Mr. Y. G. Gujrathi ...

CORAM : K.K. SONAWANE, J.

DATED : 04th FEBRUARY, 2020.

ORDER :- Heard learned counsel for applicant-original claimant and learned AGP for respondents No.1 and 2. Perused the application and other relevant documents placed on record.

2.

Learned counsel for applicant submits that due to unavoidable circumstances the objection notified by the Registrar could not be removed within stipulated period by the applicant resulting into the refusal of registration of appeal. He undertakes to remove the entire office objections within a period of two weeks in case proceeding of appeal came to be restored at its original stage. He prayed to restore the appeal.

3.

In view of reasons mentioned in the application and submission advanced at bar on behalf of applicant, there is no impediment to allow the application. Accordingly, Civil Application stands allowed in terms of prayer clause 'B'. The impugned order of refusal of registration of First Appeal dated 03-07-2018 is hereby set aside and quashed. The proceedings of First Appeal (Stamp) No. 15772 of 2018 be restored at its original stage. The applicant/appellant to remove office objections notified on behalf of learned Registrar within a period of two weeks from the date of restoration of said proceedings, failure to which, the present order shall stand vacated automatically without further reference to this Court.

4.

The Civil Application stands disposed of in above terms accordingly.

Sd./- [ K. K. SONAWANE ] JUDGE rrd