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Bombay High CourtCA/11589/2024admittedallowedgrantedrule absolute

Rashidabee Maheboob Shaikh v. Shaikh Mushtaq Alias Mustafa Fakruddin And Others

2024-12-02Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11589 OF 2024 IN CAST/9496/2024 Rashidabee Maheboob Shaikh ....Applicant

VERSUS

Shaikh Mushtaq Alias Mustafa Fakruddin And Others .....Respondent .....

Advocate for Applicant : Mr. Sagar P. Mahale h/f. Mr. Shaikh Mazhar A. Jahagirdar Advocate for Respondents : Adv. R.L.Kute For R.no.1,3 And 4 In Ca No.3318/2023 .....

CORAM : S.G. CHAPALGAONKAR, J.

DATE : 2nd DECEMBER, 2024.

P.C. :- 1.

By this application, the applicant seeks restoration of Civil Application Stamp No. 9496 of 2024 that has suffered dismissal by virtue of conditional order dated 12.6.2024 for non-removal of office objections. There is delay of 126 days in filing present application. However, considering the reasons set out in para.Nos. 2 to 4, the application deserves to be allowed. Accordingly, the application is allowed in terms of prayer clauses (B) and (C) subject to condition that the applicant removes office objections within a period of two weeks. If office objections are not removed within stipulated period, the order of learned Registrar shall govern the proceeding.

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Interim relief, if any, to continue for a period of three weeks. 3.

Place matter for further consideration on 6th January, 2025. [S.G. CHAPALGAONKAR, J] grt/-