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Bombay High CourtCA/10829/2023admittedallowedgrantedrule absolute

Rajasaheb Baburao Mande And ORS v. Madhukar Shankar Mande And ORS

2024-02-02Hon'Ble Shri Justice Sandipkumar C. More2 pages

2024:BHC-AUG:2236 7 CA-10829-2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 7 CIVIL APPLICATION NO. 10829 OF 2023 IN SECOND APPEAL (ST) NO. 33743 OF 2022 RAJASAHEB BABURAO MANDE AND OTHERS

VERSUS

MADHUKAR SHANKAR MANDE AND OTHERS ...

Ms. Vidya Kothule - Urgunde h/f. Mr. S.P. Urgunde - Advocate for Applicants Mr. M.D. Shinde - Advocate for Respondent Nos.1 to 3 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 2nd February, 2024 PER COURT :

1.

Heard rival submissions.

2.

The applicants/appellants are seeking recalling of order dated 08.02.2023 whereby registration of their Second Appeal was refused for non-removal of office objections. There is also delay of 149 days in filing this application. Learned Counsel for the respondents though the opposed the application but the learned Counsel for the applicants/appellants undertakes to remove all the office objections within two weeks. Pooja K.

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7 CA-10829-2023 3.

In view of the same, the order dated 08.02.2023 stands recalled and the Second Appeal of the applicants/appellants be restored for removal of office objections within two weeks subject to deposit of cost of Rs.500/- (rupees Five Hundreds only) to be paid to the Library, Advocates Association of High Court, Bombay, Bench at Aurangabad.

4.

The application is disposed of accordingly.

[ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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