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Bombay High CourtCAS/671/2014allowed

1 Shri Maruti Laxman Mahulkar (Since Deceased Thr. His Heirs) 1a Smt. Satwashila Maruti Mahulkar v. 1 The Central Government Superintendent Post And Telegraph G.P.O. Mumbai

2015-03-20Hon'Ble Shri Justice Rajesh G. Ketkar2 pages

91.cas.671.14.sxw ingale

IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 671 OF 2014 IN CIVIL APPLICATION NO. 1379 OF 2011 IN SECOND APPEAL STAMP NO. 20827 OF 2011 Shri Maruti Laxman Mahulkar Since deceased through his heirs 1A. Smt.Satwashila Maruti Mahulkar and others .. Applicants Vs.

The Central Government and others .. Respondents Mr.D.V.Sutar, Advocate for the Applicants.

Mr.Samarth Morey i/b Mr.V.S.Talkute, Advocate for Respondents No.3 & 4.

CORAM :

R. G. KETKAR, J.

DATE : 20th MARCH, 2015 P.C. :

.

Heard Mr.D.V.Sutar, learned Counsel for the applicants and Mr. Samarth Morey, learned Counsel for the respondents No.3 & 4.

2.

This is an application for condonation of delay of 39 days in filing the Civil Application for recalling the order dated 10/01/2014 passed by the Registrar (Judicial II). By order dated 10/01/2014, the applicants were give 6 week's time to take steps, failing which Civil Application was to stand dismissed as against respondent No.1. Mr.Sutar submits that office raised objection as 1/2

91.cas.671.14.sxw regards not furnishing correct address of respondent No.1. He assures that after restoration of the appeal within 2 weeks, he will furnish correct address of respondent No.1.

3.

In view thereof and for the reasons stated in the application, I am satisfied that the applicants have made out a sufficient cause for condoning the delay as also recalling the order. Hence, Civil Application is allowed in terms of prayer clauses (a) & (b) with no order as to costs. The applicants shall furnish correct address of respondent No.1 within 2 weeks from today. (R. G. KETKAR, J.) 2/2