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Bombay High CourtCA/12788/2009admittedallowedgrantedrule absolute

Shaikh Isa Shaikh Jumma Pinjari v. Jaitunbi Jumma Pinjari Deceased Through Lrs Shaikh Hasan Shaikh Jumma Pinjari And ORS

2023-10-03Hon'Ble Shri Justice Kishore C. Sant1 pages

( 1 ) ca12788.09

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 56 CIVIL APPLICATION NO.12788 OF 2009 IN RC/846/2007 SHAIKH ISA SHAIKH JUMMA PINJARI

VERSUS

JAITUNBI JUMMA PINJARI DECEASED THROUGH LRS SHAIKH HASAN SHAIKH JUMMA PINJARI AND ORS Mr.Amol S. Mali h/f. Mr. D.S. Bagul, Advocate for the applicant.

CORAM

:

KISHORE C. SANT, J.

DATED :

03.10.2023 PC :- 01.

Heard. Inspite of service, none appears for respondent nos.2 to 4 and 6. Respondent No.1 is already dead and respondent Nos.2 to 6 are legal heirs. The application is already dismissed against respondent No.5 as per Court's order dated 12.01.2023. This application is filed for condonation of delay and for restoration of the Second Appeal. The Second Appeal was dismissed for want of removal of objections. Considering the reasons stated in the application and that the appellant is ready to remove all office objections within two weeks, the application is allowed by condoning delay of 882 days. The order dated 13.06.2007 is recalled. Subject to removal of office objection, the matter stands restored to its original position. The application is accordingly allowed and disposed off.

[KISHORE C. SANT, J.] snk/2023/OCT23/ca12788.09