Abdul Javed Abdul Wahid Lrs Bibi Mahenoor And Others v. Shivaji Dhondiba Kale And Others

7-CA-13767-2018.odt SPChauhan

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13767 OF 2018 IN CIVIL APPLICATION NO. 11101 OF 2018 IN SECOND APPEAL NO. 743 OF 2018 WITH CIVIL APPLICATION NO. 13766 OF 2018 IN CIVIL APPLICATION NO. 11102 OF 2018 IN SECOND APPEAL NO. 744 OF 2018 Adbul Javed Abdul Wahid LRs Bibi Mahenoor and others ... Appellants

Versus

Shivaji Dhondiba Kale and others ... Respondents ....

Mr. H.P. Bondar h/f. Mr. A.S. Deshpande - Advocate for Appellants Mr. Shailesh Katneshwarkar - Advocate for Respondent Nos. 1 to 4 ....

CORAM : GAURI GODSE, J.

DATE : 06th February, 2023 PER COURT :

1.

This Civil Applicaiton is filed for setting aside order dated 04th September, 2018.

2.

By the said order, conditional time was granted to remove office objections. Objections were not removed within time, hence, Second Appeal stood dismissed.

1/2

7-CA-13767-2018.odt 3.

Office remark shows that respondents are served. 4.

Learned cousnel for the appellant states that he will remove office objections within four weeks from today. 5.

Subject to the removal of the office objections within a period of four weeks from today, Civil Application is allowed in terms of prayer clause '6 - ii'. Prayer clause '6-ii' reads thus : "6 - ii.

The order dated 04/09/2018 passed by Hon'ble High Court, Aurangabad Bench may kindly be quash and set aside and direct to the office to restore the Second Appeal No. 743/2018 with Civil Application No. 11101/2018 to its original stage."

6.

Stand over to 06th March, 2023.

[ GAURI GODSE ] JUDGE 2/2