Bombay High CourtMCA/166/2020ca disposed off

Smt. Chabubai Wd/O Arunrao Shrunghare And Others v. Sau. Vijaya W/O Shivkumar Sambhare

2020-02-07Hon'Ble Shri Justice Avinash G. Gharote2 pages

(1) 911.CAO.117.2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAO) NO.117 OF 2020 IN MISCELLANEOUS CIVIL APPLICATION STAMP NO.15206 OF 2019 IN REJ. SECOND APPEAL NO.321 OF 2019 (SECOND APPEAL STAMP NO.1342 OF 2019) Shri Chabubai Wd/o Arunrao Shrunghare and others. Vs.

Sau. Vijaya W/o Shivkumar Sambhare.

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

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri T. J. Patil, Advocate for applicants.

CORAM : AVINASH G. GHAROTE, J.

DATE : FEBRUARY 07, .

CIVIL APPLICATION (CAO) NO.117 OF 2020 The application seeks to condone delay of 135 days in filing application for restoration of the Second Appeal Stamp No.1342 of 2019, which came to be dismissed in default on 07.03.2019, for non removal of office objection. The reason for delay is listed in Para 3 of the application accepting which the delay is condoned.

Civil Application No.117 of 2020 is disposed of. MISCELLANEOUS CIVIL APPLICATION STAMP NO.15206 OF 2019 By this application, Second Appeal Stamp No. 1342 of 2019, which was dismissed in default due to non removal of office objections, on 07.03.2019, is sought to be restored. The reasons for restoration are stated Para 3 of the application. It is further stated that the office objections have been removed.

(2) 911.CAO.117.2020 Considering the above, the order passed by the Registrar (Judicial), dismissing the appeal for non removal of office objections is set aside. The second appeal is restored. The office to register the appeal and list the same for admission.

Learned counsel for appellant is directed to place copy of paper-book of the first appeal along with documents as exhibited before the Trial Court on record.

Misc. Civil Application is disposed of accordingly. No order as to costs.

JUDGE Sarkate..