Dattatray Narayan Kalekar And ANR. v. Amin Ashakalli Naikawade And ANR.

13-cas227-16 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.227 OF 2016 IN R.C. NO.198 OF 2016 Dattatraya N. Kalekar & Anr.

...Applicants V/s.

Amin A. Naikawade & Anr.

...Respondents

Mr.Omkar Nagwekar i/b Mr.Prabhu Badadare for the Applicants. None for the Respondents.

CORAM : R.D. DHANUKA, J.

DATE : 12TH FEBRUARY, 2016.

P.C. :- 1.

By this civil application the applicants seek condonation of delay of 36 days in filing the civil application and seeks restoration of the second appeal, dismissed in view of the conditional order passed by the learned Registrar (Judicial-II) on 16th November, 2015. Learned counsel for the applicants states that all the office objections shall be removed within two weeks from today. 2.

For the reasons recorded in the civil application and in view of the statement made by learned counsel for the applicants, the order dated 16th November, 2015 passed by the learned Registrar (Judicial-II) is set aside. The delay, if any, in filing the civil application 1/2

13-cas227-16 is condoned on the condition that the applicants remove all the office objections within two weeks from today. It is made clear that no further extension would be granted. If all the office objections are not removed within two weeks from today, the second appeal to stand dismissed without further reference to this Court. 3.

The civil application is accordingly disposed of in aforesaid terms. No order as to costs.

(R.D. DHANUKA, J.) 2/2