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Bombay High CourtCA/15101/2015admittedallowedgrantedrule absolute

Kalabai Vithalrao Deshmukh Lrs Suresh And Other v. Shaikh Israr Shaikh Mohammad

2015-11-20Hon'Ble Shri Justice Sunil P. Deshmukh2 pages

{1} ca15101-15 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 15101 OF 2015 IN REJECTED CASE NO. 968 OF 2015 IN SECOND APPEAL STAMP NO.13675 OF 2015 Kalabai Vithalrao Deshmukh (Died) LRs & Others APPLICANTS

VERSUS

Shaikh Israr Shaikh Mohammad RESPONDENT .......

Mr. S. G. Thombre, Advocate for the applicants .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 20 th NOVEMBER, 2015 ORDER :

1.

Learned advocate for the applicants submits that dates before the Registrar, for removal of office objections had not been noticed and under the circumstances, on 29th July, 2015 an order refusing registration of second appeal came to be passed by the Registrar, and the same was realized on 30th October, 2015 and thereafter the application has been moved immediately on re-opening day. It has been submitted that non realization of listing of matter before the Registrar was not deliberate nor the same would have inured any benefit either to the applicants or to the advocate. In the circumstances, it is

{2} ca15101-15 earnestly requested to grant the application. 2.

Having regard to aforesaid submissions, civil application stands granted in terms of prayer clause "B" and stands disposed of.

[SUNIL P. DESHMUKH, J.] drp/ca15101-15