Shri.Rahul Lalasaheb Patil v. Lalasaheb Bapu Patil (Deceased Thru Lrs.) 1a. Sou.Mangal Raghunath Patil And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1441 OF 2019 IN SECOND APPEAL NO. 947 OF 2019 Shri Rahul Lalasaheb Patil ... Applicant V/s.

Lalasaheb Bapu Patil (Deceased through Legal Heirs) 1A. Sou. Mangal Raghunath Patil & Ors.

... Respondents ...

Mr. Rahul Patil i/b. Mr. Umesh R. Mankapure, for the Applicant. Mr. Kuldeep U. Nikam, for the Respondent Nos. 1A, 2 & 3. CORAM: SMT. SADHANA S. JADHAV, J.

DATED : 21st JANUARY, 2020.

P.C:- 1.

This is an application seeking restoration of the Second Appeal, which was dismissed for non-removal of office objections by order dated 19th September, 2018. There is a delay of 248 days in filing the application seeking restoration. Sonali Patil

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Mr. Nikam, learned Counsel for the respondent vehemently opposes to grant of restoration in the present case on the ground that, no sufficient cause has been made out for the delay in filing the restoration application and the objections were not removed despite there being order by the Registrar(Judicial-II).

3.

The delay of 248 days is condoned in the interest of justice, subject to depositing cost of Rs.2,000/- to be remitted to the Maharashtra State Legal Services Authorities within two weeks from today. Application is allowed in terms of prayer clauses (a) and (b).

(SMT. SADHANA S. JADHAV, J.) Sonali Patil