Shri Laxman Dagdoji Salunke And Others v. The State Of Maharashtra Thr Collector Of Satara Dist. And Others

CAS/461/2015 Tapadia RR/B.10

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 461 OF 2015 IN R.C.No.1878 of 2014 (SECOND APPEAL (ST) NO.20227 OF 2014) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. Prashant D. Patil, Advocate for Applicants.

CORAM : R.G.KETKAR,J.

DATE : 20/03/2015 PC:

1.

Heard Mr. Prashant Patil, learned counsel for the applicants.

2.

This is an application for condoning delay of 44 days in filing application for setting aside conditional order dated 19.11.2014 passed by the Registrar (Judicial-II). By that order, the applicants were given four weeks time to remove office objections failing which registration of Second Appeal Stamp was to stand refused for non prosecution without further reference to the Court.

Mr. Patil submitted that only office

CAS/461/2015 objection is that the applicants did not mention claim amount in Second Appeal.

He states that after restoration of the Second Appeal, within one week he will remove office objection. He states that in the main Appeal, notices are not issued to the respondents.

3.

In view thereof and for the reasons stated in the application, I am satisfied that the applicants have made out sufficient cause for condoning the delay.

Hence, Application is allowed in terms of prayers clause (b) and (c) with no order as to costs. The order dated 19.11.2014 passed by Registrar (Jud.-II) is set aside and Second Appeal is restored to the file of this Court. The applicants shall remove office objection by stating claim amount in the Appeal within one week from today. Order accordingly.

(R.G.KETKAR, J.)