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Bombay High CourtCAO/2192/2018admittedallwdgrantedrule absolute

Siddharth S/O Haridas Wasnik And Others v. Smt. Laxmi W/O Narayan Kolhe

2019-02-14Hon'Ble Mrs. Justice Swapna Joshi1 pages

1 ca2192.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [O] NO.2192/2018 IN M.C.A. ST. NO.16535/2018 IN R.C NO.908/2016 (SECOND APPEAL ST. NO.19923/2016) [Siddharth Haridas Wasnik and others .vs. Smt. Laxmi Narayan Kolhe] ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ..................................................................................................................................................................................................... CORAM : MRS. SWAPNA JOSHI, J.

DATED : FEBRUARY 14, 2019.

This is an application filed by the appellant for condonation of delay in moving application for restoration of second appeal. Heard Shri A.V. Lokhande, learned advocate for appellant. Perused the application.

For the reasons mentioned in the application, the application is allowed. The delay is condoned, subject to costs of Rs.500/- to be deposited with the Vidarbha Lady Lawyers' Association, Nagpur within two weeks.

Civil Application stands disposed of.

M.C.A. ST. NO.16535/2018 This is an application filed by the appellant for restoration of second appeal.

Heard. Perused the application. Learned advocate for the appellant submits that the appellant could not remain present before the learned Registrar (Judicial) on the date of hearing, hence the second appeal was dismissed. Learned advocate undertakes to remove the office objections within one week.

In view thereof, the application is allowed. The order dated 15.11.2016 passed by the Registrar (Judicial) is quashed and set aside and Second Appeal St. No.19923/2016 is restored to the file with a condition that office objections be removed within a period of one week. JUDGE Gulande