Bombay High CourtMCA/712/2016ca disposed off

Mahesh Santosh Matey v. Sarika Mahesh Matey

2016-07-14Hon'Ble Shri Justice Z.A. Haq2 pages

1 cao1126.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.O. NO.1126/2016 IN MISCELLANEOUS CIVIL APPLICATION STAMP NO.8522/2016 IN WRIT PETITION STMAP NO.21306/2015 Mahesh s/o Santosh Matey ..VS..

Sarika Mahesh Matey - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : 14.7.2016.

Heard Ms. U.R. Tanna, Advocate h/f Ms. M.P.

Munshi, Advocate for the applicant - original petitioner. As notice of writ petition was not issued and registration of writ petition was refused for not removing the office objections, for the reasons stated in the application, without issuing notice to the non-applicant, the delay of 109 days in filing the miscellaneous civil application is condoned. The civil application is allowed.

MISCELLANEOUS CIVIL APPLICATION STAMP NOS.8522/2016.

For the same reasons as stated above, the order passed by the learned Registrar (J.) on 21st December, 2015 and the consequential order are set aside and the writ petition is restored. The miscellaneous civil applications are allowed.

2 cao1126.16 WRIT PETITION STMAP NO.21306/2015 If the office objections are not removed within four weeks, the petition shall dismissed without reference to Court with costs quantified at Rs.1,000/- to be deposited by the petitioner with Legal Aid Services Sub-Committee, High Court, Nagpur.

JUDGE Tambaskar.