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Bombay High CourtCAF/1290/2017

Mr Tanaji Ramu @ Ramchandra Mhetre v. Smt. Bharati Arjun Bhise And ORS.

2019-09-16Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

P.H. Jayani 10 CAF1290.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1290 OF 2017 IN FIRST APPEAL NO. 1137 OF 2012 Tanaji Ramu alias Ramchandra Mhetre ....Applicant V/s.

Bharati Arjun Bhise and ors.

....Respondents Mr. Girish J. Paryani for the applicant.

Mr. Tejpal S. Ingale for respondent nos.1 to 3. Ms. Poonam Mittal i/b. Mr. D.S. Joshi for respondent no.4. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 16th SEPTEMBER, 2019 P.C.:­ .

At the outset, the learned counsel for the applicant seeks leave to amend the cause title so as to implead the respondent no.4. He also seeks leave to amend prayer clause 9(a) as to state the number of days delay in filing this application. Leave is granted. Amendment to be carried out forthwith.

2.

By this application, the applicant has sought to condone the delay in filing the application for restoration of first appeal and further to restore the First Appeal No.1137/2012 which was dismissed by order dated 19/01/2015 for non compliance of office objections. 1/2

P.H. Jayani 10 CAF1290.17.doc 3.

The learned counsel for the applicant/appellant states that the office objections will be removed and that conditional order will be complied with within a period of four weeks.

4.

In the light of said statement, the learned counsel for the respective respondents have no objection for condoning the delay and for restoring the appeal. Hence, the civil application is allowed. Delay is condoned and appeal is restored to file.

5.

Civil Application No.1290 of 2017 stands disposed of. Preeti H.

Jayani Preeti H. Jayani Date: 2019.09.18 16:53:06 +0530 (SMT. ANUJA PRABHUDESSAI, J.) 2/2