Rambhau Kadu Ishtakke And Others v. Dwarkabai Nama Ishtakke And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO.396 OF 2015 IN REJECTED CASE NO.728 OF 2012 IN SECOND APPEAL ST.NO.29438 OF 2011 Rambhau Kadu Ishtakke and ors.

..Applicants

Versus

Dwarkabai Nama Ishtakke and ors.

..Respondents Mr S.M.Vibhute, Advocate for applicants Mr S.P.Daund, A.G.P. for respondent No.6 CORAM : N.W. SAMBRE, J.

DATE : 27th February 2015 PER COURT 1.

This is an application for setting aside the order dated 25th July 2015 passed by Registrar (Judicial) refusing registration of the appeal for non-removal of office objections. The applicants also pray for condonation of delay of 838 days in filing the application. 2.

For the reasons stated in the application, the delay caused in filing this application is condoned and the order dated 25th July 2015 passed by Registrar (Judicial) is hereby set aside, subject to payment of costs of Rs.2,000/- (Rs.Two thousand) to be paid to High Court Association's Library within a period of two weeks from today. Payment of costs is condition precedent.

3.

The learned Counsel for the applicants undertakes that the objections in the matter will be removed within three weeks from today. 4.

The statement is accepted in the form of undertaking. 5.

As such, civil application stands granted. Objections be removed within three weeks. Failure to remove office objections within the stipulated period shall result in restoration of the order passed by Registrar (Judicial).

( N.W. SAMBRE, J.) vvr