Santosh Ashok Pawar v. Mahadev Manohar Sutar And Others

1220.15­cas FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.1220/2015 IN SECOND APPEAL (ST) NO.22982/2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A. S. Kulkarni for the Applicant CORAM : K. K. TATED, J.

DATE : AUGUST 25, 2015 P.C.:

1.

Heard. This Application is preferred by Defendant No.1 for restoration of the present appeal which was dismissed in view of conditional order dated 24/02/2015 passed by the learned Registrar (Judicial­II).

2.

The learned counsel for the Applicant submits that inadvertently, all office objections were not removed within stipulated time. He undertakes to remove the same within 4 weeks from today. Undertaking is accepted.

3.

Considering the submissions made by the learned counsel for the Applicant and the Basavraj G Patil 1/2

1220.15­cas averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

4.

Hence, the following order:

a) Order dated 24/02/2015 passed by the learned Registrar (Judicial­II) is set aside. b) The present Second Appeal is restored to file. c) 4 weeks time is granted to the Applicant to remove all office objections, failing which the Second Appeal shall stand dismissed without further reference to the court.

d) Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2