Bombay High CourtCAO/1113/2014admittedallwdgrantedrule absolute

Smt. Mary Wd/O. George Ambrose v. Wasudeo Ramkrishna Harode.

2015-01-19Hon'Ble Shri Justice Z.A. Haq2 pages

1 cao1113.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C.A.O. NO.1113/2014 IN M.C.A. STAMP NO.17612/2014 IN REJ. FIRST APPEAL STAMP NO.37/2001 Smt. Mary wd/o George Ambrose and others ..Versus..

Wasudeo s/o Ramkrishna Harode and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.C. Mehadia, Adv. for the applicants.

Shri S.P. Bhandarkar, Adv. for the respondents 1 to 11. CORAM : Z.A. HAQ, J.

DATE : 19.1.2015 Heard.

Though the application is opposed by the non-applicants, considering the peculiar facts of the case as stated in the application, the delay in filing the miscellaneous civil application is condoned. The civil application is allowed.

2 cao1113.14 M.C.A. STAMP NO.17612/2014 Taken up on board by consent of the learned advocates for the respective parties.

For the reasons stated in the application and the reasons recorded by me while allowing the Civil Application No.1113/2014, the miscellaneous civil application is allowed. The first appeal is restored. However, this is on condition that the applicants/appellants pay costs of Rs.1,000/- to the learned advocate for the non-applicants till 6 th February, 2015. It is further directed that the office objections shall be removed till 6 th February, 2015, failing which this order shall stand recalled and the appeal shall stand dismissed without reference to Court.

JUDGE Tambaskar.