1) Birappa Sheku Mote And ANR v. 1) Shri. Anand Dhondappa Vhanmane

42-CAS-1751-2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1751 OF 2017 IN SECOND APPEAL (ST) NO.3390 OF 2017 Birappa S/o. Sheku Mote & Anr.

... Applicants

IN THE MATTER BETWEEN

Birappa S/o. Sheku Mote and Anr.

....Appellants Vs Shri Anand S/o. Dhondappa Vhanmane ... Respondent ...

Mr. Tejas Pawar i/by Mr. Bhushan Walimbe for the Applicants. None for the Respondent.

CORAM : SANDEEP K. SHINDE J.

DATE : SEPTEMBER 9, 2019 P.C. :

By order dated 5th May, 2017, Registrar (Judl­II) granted four weeks time excluding vacation to remove office objections. In view of this self­operative order, appeal was dismissed of which restoration is sought.

On 1st July, 2017, this Court passed conditional order and directed the appellants to remove office objections within one week from that day failing which appeal would stand dismissed Shivgan 1/2

42-CAS-1751-2017.odt without further reference to this Court. Applicants have not complied with the said order.

On 26th July, 2017, application is filed for restoration of appeal recalling the order dated 1st July, 2017. The learned counsel for the applicants submits that for want of instructions, office objections could not be removed in­as­ much as applicant no.1 met with an accident. The counsel has pointed out the certificate issued by Dr. Sanjay Dantkale dated 21st July, 2017, which shows that applicant no.1 was under treatment of Dr. Sanjay Dantkale on OPD basis, from 27th April, 2017. It appears that this fact was not brought to the notice of this Court when on 1st July, 2017, applicants were granted week's time for removing office objections. Fact remains that certificate dated 21st July, 2017 does not even indicate that the applicant was not able to give instructions and that too, for removing office objections ! No 'sufficient cause' has been shown. Application is, therefore, dismissed. (SANDEEP K. SHINDE, J.) Shivgan 2/2