Bombay High CourtCAO/356/2019admittedallwdgrantedrule absolute

Mahendra Narayan Gawai v. Mankarnabai N. Dabhade (Deceased), Dadarao Namdeorao Dabhade And Others

2019-02-20Hon'Ble Mrs. Justice Swapna Joshi2 pages

1 ca356.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION NO.356/2019 IN M.C.A. ST. NO.23504/2018 IN REJ. SECOND APPEAL NO.721/2017 [Mahendra Narayan Gawai .vs. Mankarnabai Namdeorao Dhabhade and one] ....................................................................................................................................................... ...

Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ..................................................................................................................................................................................................... ....

Shri A.H. Mishra, Advocate for applicant-appellant. ...........

CORAM : MRS. SWAPNA JOSHI, J.

DATED : FEBRUARY 20, 2019.

This is an application filed by the applicant for condonation of delay in filing application for setting aside the order dated 20.7.2017 passed by the Registrar (Judicial). Heard. Perused the application. For the reasons mentioned in the application, the application is allowed. The delay is hereby condoned, subject to the payment of costs of Rs.500/- to be deposited with the Vidarbha Lady Lawyers' Association, Nagpur within two weeks from today. Civil Application stands disposed of. MISC. CIVIL APPLICATION NO.23504/2018 This is an application filed by the applicant for restoration of the second appeal.

Heard. Perused the application. It is submitted that the application for restoration of second appeal was made before this Court, however, the said application was allowed by this Court on 20.6.2018 thereby directing the appellant to deposit the cost of Rs.500/- to the High Court Legal Services Sub-Committee, Nagpur

2 ca356.19.odt within a period of four weeks. It is submitted that as the appellant was not well and was undergoing treatment, therefore, he could not contact with his counsel for removal of office objection. Learned advocate undertakes to remove office objections within two weeks. In view thereof, the application is allowed. The order dated 20.7.2017 passed by the learned Registrar (Judicial) is hereby quashed and set aside and the Second Appeal St. No.6144/2017 is restored to the file. M.C.A. stands disposed of. JUDGE Gulande