Bombay High CourtMCA/70/2020ca disposed off

Smt. Wazkuwar D. Gandhi (Deceased) Thr. Lrs. Chhabildas Dhanajibhai Gandhi And Others v. Manoharrao Krushnaji Palarpawar

2020-01-22Hon'Ble Shri Justice Avinash G. Gharote2 pages

(1) 21.CAO.94.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAO) NO.94 OF 2020 IN MISCELLANEOUS CIVIL APPLICATION STAMP NO.7857 OF 2019 IN REJ. SECOND APPEAL NO.242 OF 2019 (SECOND APPEAL STAMP NO.58 OF 2019) Smt. Wazkuwar Dhanajibhai Gandhi (dead) through LR' s Chhabidas Dhanajibhai Gandhai and Ors.

Vs.

Manoharrao Krushnaji Palarpawar.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. R. S. Kalangiwale, Advocate for appellants. CORAM : AVINASH G. GHAROTE, J.

DATE : JANUARY 22, .

Since the appeal was under office objection, the same was notified by the order of the Registrar (Judicial) dated 14.02.2019. As the objections were not removed within the stipulated time, which expired on 28.02.2019, the registration of the appeal has been refused at the end of that period.

Mr. Kalangiwale, learned counsel for the appellants submits that he will remove the office objections within two days and the delay of 26 days occasioned in filing of the application for recall of the order dated 14.02.2019, refusing the registration be condoned and the order dated 14.02.2019 be recalled.

Considering the reasons given and in order to decide the appeal on merits, the delay is condoned. The order

(2) 21.CAO.94.20 dated 14.02.2019 is recalled. The Civil Application No.94/2020 and Miscellaneous Civil Application Stamp No.7857/2019 are disposed of.

Learned counsel for the appellants is directed remove the office objections within two days after which the appeal be registered and listed for admission. JUDGE Sarkate