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Bombay High CourtCA/15493/2016disposed offdismissed for default

Rajesh Naresh Jadhav v. Pallavi Rajesh Jadhav

2016-12-13Hon'Ble Shri Justice T.V. Nalawade2 pages

1 CA 15493 of 2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 94 CIVIL APPLICATION NO. 15493 OF 2016 IN WP/4987/2016 RAJESH NARESH JADHAV

VERSUS

PALLAVI RAJESH JADHAV -------- Shri. P.B. Waghmare, Advocate, for applicant. --------- CORAM: T.V. NALAWADE, J.

DATE : 13 DECEMBER 2016 ORDER:

1) The application is filed for condonation of delay caused in filing restoration application and also for restoration of the writ petition which is dismissed by this Court for default. Heard learned counsel for the applicant. 2) Learned counsel submitted that earlier Advocate was not available due to her personal difficulty and due to that compliance was not made in respect of office objections. As blame is taken by the Advocate to himself, this Court holds that the application needs to be allowed.

2 CA 15493 of 2016 3) In the result, the application is allowed. Delay is condoned. The order of dismissal of the petition is hereby set aside. The proceeding is restored to its original stage. The petitioner to remove office objections prior to 23rd December 2016. If the objections are not removed it is to be presumed that the matter is again dismissed for non prosecution.

Sd/- (T.V. NALAWADE, J. ) rsl