Shyam Dwarkadas Khandelwal v. Subhash S/O Bajirao Wankhade And Others

1 cao149.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO. 149 OF 2016 AND MISC. CIVIL APPLICATION ST. NO. 25446 OF 2015 IN REJ. WRIT PETITION NO.87 OF 2015 (ST.NO.23945/14) (SHYAM DWARKADAS KHANDELWAL...VS.. SHUBHASH ALLEGING TO BE ADOPTED SON OF BAJIRAO WANKHADE & ANR.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.S.Shingane, Advocate for Petitioner.

CORAM : Z.A.HAQ, J.

DATED : JUNE 25, 2019.

Learned Registrar (Judicial) refused to grant registration to the petition as office objections were not removed. Now, the petitioner seeks restoration of the petition and as there is delay in filing the revision against the order passed by Registrar (Judicial), the application praying for condonation of delay is filed.

Accepting the explanation given in the applications, the delay of 316 days in filing the Misc. Civil Application is condoned, order passed by the learned Registrar (Judicial) on 2nd February 2015 is set aside and the writ petition is restored.

The Civil Application and Miscellaneous Civil Application are allowed accordingly.

This order is passed without issuing notice to the non-applicant/ respondents as the petition was rejected before notices could be issued to the respondents.

2 cao149.16 REJ.W.P. NO. 87/2015 (ST.NO.23945/2014) Taken up for hearing on admission.

Issue notice to the Respondents, returnable on 20th September 2019.

Ms Kalyani Deshpande, A.G.P. waives notice for the respondent No.4.

JUDGE RRaut..