Shri. Appaya Balu Bagi And ANR. v. The State Of Maharashtra And ANR.

19 caf286-16.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.286 OF 2016 IN FIRST APPEAL NO.1635 OF 2013 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Satyajeet Anil Rajeshirket for the applicant Mr.A.R.Patil, A.G.P. for the respondent CORAM : K. K. TATED, J DATE : JULY 1, 2019 P.C.:

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Heard.

By this Civil Application, Applicant is seeking to set aside the conditional order dated 28.01.2015 passed by learned Registrar (Judicial-II) by which First Appeal No.1635 of 2013 stands dismissed for non-removal of office objections.

The learned counsel for the Applicant submits that Applicant undertakes to remove all office objections including filing of private Mohite 1/2

19 caf286-16.doc paper book on or before 16.08.2019. He submits that in the interest of justice, this Hon'ble Court be pleased to restore First Appeal for hearing on its own merits.

Considering the submissions made by the learned counsel for the Applicant, the averments made in the Application and as Applicant is ready and willing to remove all office objections on or before 28.01.2015, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, the following order:

a) Order dated 28.01.2015 passed by learned Registrar (Judicial-II) is set aside.

b) First Appeal No.1635 of 2013 stands restore on file for hearing on its own merits. c) Applicant to remove all office objections on or before 16.08.2019 including filing of private paper book failing which the Civil Application shall stand dismissed without further reference to the court.

d) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Mohite 2/2