Sudhir Prataprao Battise Died Lrs. Pramila Sudhir Battise And Others v. Mashicharan Baburao Kamble Died And Jaisikabai Mashicharan Died Lrs. Prakash Mashicharan Kamble

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11340 OF 2021 IN CIVIL APPLICATION STAMP NO. 1840 OF 2020 SUDHIR PRATAPRAO BATTISE DIED LRS. PRAMILA SUDHIR BATTISE AND OTHERS

VERSUS

MASHICHARAN BABURAO KAMBLE DIED AND JAISIKABAI MASHICHARAN DIED LRS. PRAKASH MASHICHARAN KAMBLE ...

Advocate for Applicants : Mr. Sandesh R. Patil ...

CORAM : BHARAT P. DESHPANDE, J.

DATE : 23rd AUGUST 2022.

Per Court :

1.

This is an application for condonation of delay and restoration of Civil Application Stamp No. 1840/2020.

2.

Heard. learned Counsel for the Applicants.

3.

Learned Counsel for the Applicants submits that Civil Application Stamp No.1840/2020 was not registered for want of removing office objections as per the order passed by the Registrar Judicial dated

25.08.2021. He submits that there is a delay of 14 days in filing the present application for restoration. He then submits that Applicants are ready and willing to remove all office objections in case the stamp application is restored.

4.

The Civil Application Stamp No. 1840/2020 is filed for bringing the legal heirs of Respondent No.1 and 2 in Second Appeal No. 1109/2005, which was admitted vide order dated 16.01.2006. 5.

Considering the submissions in Paragraph No.2 and 3, the present application could be allowed. Hence the following order.

O R D E R

(i) The Civil Application stands allowed.

(ii) The delay of 14 days in filing the application for restoration is condoned.

(iii) The Civil Application Stamp No.1840/2020 is restored by setting aside the order dated 25.08.2021 passed by the learned Registrar Judicial.

(iv) The Applicants shall remove all office objections within a period of two weeks from today. If the objections are removed, the Civil Application Stamp No. 1840/2020 shall be registered. 6.

With these, the Civil Application stands disposed of. [ BHARAT P. DESHPANDE, J.] Najeeb.