Shri. Arvind Mahadev Parchure v. Shri. Narhari Mahadev Gole@ Bedekar

28-cas846-15 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.846 OF 2015 IN SECOND APPEAL (STAMP) NO.1232 OF 2014 Arvind M. Parchure ...Applicant V/s.

Narhari M. Gole @ Bedekar

...Respondent

Mr.Sandesh Shukla with Mr.Harsh Bhende i/b Abhay Nevagi & Associates for the Applicant.

Mr.Anurudha Garge for the Respondent.

CORAM : R.D. DHANUKA, J.

DATE : 4TH DECEMBER, 2015.

P.C. :- 1.

By this civil application the applicant seeks condonation of delay of 135 days in filing the civil application and prayed for setting aside the conditional order passed by the learned Registrar (JudicialII) on 21st August, 2014. No affidavit in reply has been filed. 2.

Learned counsel appearing for the respondent strongly opposes grant of any relief in this civil application. 3.

A perusal of the civil application clearly indicates that the applicant has satisfactorily explained the delay in filing this civil application and for not removing the office objections. Learned counsel for the applicant states that all the office objections shall be 1/2

28-cas846-15 removed within two weeks from today. The statement is accepted. 4.

For the reasons recorded in the civil application, the civil application is made absolute in terms of prayer clauses (a) and (c). The delay in filing the civil application is condoned. The order passed by the learned Registrar (Judicial-II) is set aside on the condition that the applicant shall 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 order passed today to stand vacated without further reference to the Court and the order passed by the learned Registrar (Judicial-II) to stand restored.

5.

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

6.

The applicant is directed to serve the papers and proceedings upon the learned advocate representing the respondent within one week after the office objections are removed. 7.

Place the second appeal on board for admission on 13th January, 2016.

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