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Bombay High CourtCAO/1546/2017ca disposed off

Smt. Parvatibai Wd/O Jairam Wakode And Another v. The Nagpur Improvement Trust Through Chairman, Nagpur And Others

2017-11-01Hon'Ble Shri Justice Z.A. Haq2 pages

1 cao1546.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.1546 OF 2017 WITH MISC. CIVIL APPLICATION ST.NO.22243 OF 2017 (REST.) IN REJ.WRIT PETITION NO.769 OF 2017 (WP St. No.9726/2017) (SMT. PARVATIBAI JAIRAM WAKODE & ANR...VS.. NAGPUR IMPROVEMENT TRUST & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri G.M.Shitut, Advocate for Petitioners.

CORAM : Z.A.HAQ, J.

DATED : NOVEMBER 01, 2017.

As the petitioners have not removed the office objections, the learned Registrar (Judicial) refused registration of the writ petition.

As the petition is dismissed for non-removal of the office objections before notices were issued to the respondents, without issuing notices to the respondents and accepting the explanation given in the applications, the delay of 77 days in filing the miscellaneous civil application is condoned, the order passed by the learned Registrar (Judicial) on 17th July, 2017 is set aside and the writ petition is restored.

Civil Application and Miscellaneous Civil Application are allowed accordingly.

2 cao1546.17 W.P.NO.769/2017.

If the office objections are not removed within four weeks, the writ petition shall stand dismissed without reference to the Court with costs of Rs.Two Thousand to be deposited by the petitioner with High Court Legal Services Sub-Committee, Nagpur.

JUDGE RRaut..