Shri Anand S/O Harishchandra Ukey v. Sau. Shakuntala Shyamsunder Sarda And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Civil Application [CAO] No.2006 of 2016 IN Misc. Civil Application St. No. 21386 of 2016 IN First Appeal St. No. 4396 of 2015 [Anand Harishchandra Ukey Vs. Sau. Shankuntala Shyamsunder Sarda & others] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. M.A. Qureshi, Adv., for the Applicant.

Mr. M.R. Joharapurkar, Adv., for respondent no.1 Mr. C.B. Dharmadhikari, Adv., for respondent nos. 2 to 7. ----

CORAM

:

A. S. CHANDURKAR, J.

DATE :

10th February, 2017 For the reasons stated in the application, delay in filing restoration application stands condoned. Civil Application is disposed of.

----- Misc. Civil Appln. St. No.21386/2016 :

Prayer is to restore the First Appeal as its registration is refused for non-removal of office objections.

For the reasons stated in the application, the order refusing registration is revoked. However, the

applicant to pay cost of Rs.500-00 [rupees five hundred only] to the High Court Legal Services Sub-Committee within a period of two weeks from today.

Misc. Civil Application is allowed and disposed of. ------ First Appeal St. No. 4396 of 2015 :

The judgment passed by the trial Court in Special Civil Suit No. 671 of 2010 dated 8th October, 2014 is under challenge in the present appeal filed under Section 96 of the Civil Procedure Code. The learned counsel for the parties agree that the appeal under Section 96 of the Code would lie before the District Court, Nagpur.

In view of aforesaid, the proceedings in First Appeal St. No. 4396 of 2015 stand transferred to the District Court, Nagpur, for adjudication on merits. The parties shall appear before the District Court on 6th March, 2017.

The order of status quo granted on 5th December, 2016 shall continue to operate till 8th March, 2017. The applicant is at liberty to apply for interim relief before the appellate Court and if such prayer is

made, same shall be considered on its own merits without being influenced by continuation of the present order of status quo.

Proceedings are disposed of.

Judge |hedau|