Omchandra S/O Rameshchandra Jaiswal And Another v. Sau. Savitribai W/O Omchandra Jaiswal And 3 Others

1 cao1305.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.1305 OF 2017 AND MISC. CIVIL APPLICATION ST. NO.19826 OF 2017 IN REJ.SECOND APPEAL NO.349 OF 2015 (ST.NO.6498/2015) (OMCHANDRA RAMESHCHANDRA JAISWAL & ANR....VS..SAU. SAVITRIBAI OMCHANDRA JAISWAL & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.S.Giramkar, Advocate for Applicant/Appellant. CORAM : S.C.GUPTE, J.

DATED : SEPTEMBER 14, 2017.

Heard learned counsel for the applicant.

Miscellaneous Civil Application Stamp No.19826 of 2015 is for recall of a rejection order passed on account of non-removal of office objections and for restoration of the second appeal. There is a delay of about 90 days in filing this restoration application. Civil Application No.1305 of 2017 is, therefore, taken out for condonation of delay. For the reasons stated, respectively, in the Civil Application and the Miscellaneous Civil Application, the delay is condoned and the order of rejection passed on 2nd July, 2017 is recalled and set aside and the second appeal is restored to file.

The appellant shall now remove all office objections within two weeks from today, failing which the second appeal shall stand rejected without reference to the Court.

2 cao1305.17 The civil application and miscellaneous civil application are disposed of accordingly. No order as to costs. JUDGE RRaut..