Smt. Banabai @ Banatai Vasant Done v. Smt. Shantabai Sadashiv Done And ORS.

74.3318.18-caf.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No.3318/2018 in Rejected Case No.2151/2016 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. Omkar G. Nagvekar for the Applicant CORAM: K.K.TATED, J.

DATED : AUGUST 13, 2019 P.C.

Heard. By this application, the Applicant is seeking restoration of the First Appeal (ST) No.34975/2015 which stood dismissed in view of conditional order dated 15.06.2016 passed by the learned Registrar (Judicial-II), for non removal of Office objections.

The learned counsel for the Applicant submits that inadvertently, it remained on their part to remove all Office objections. He undertakes to remove all Office objections within four weeks from today.

Considering the submissions made by Basavraj G. Patil 1/2

74.3318.18-caf.odt the learned counsel for the Applicant and as the Applicant undertakes to remove all Office objections, I am satisfied that the Applicant has made out a case for allowing the Civil Application.

Hence, following order is passed:

a.

Order dated 15.06.2016 passed by the learned Registrar (Judicial-II) is set aside.

b.

First Appeal is restored to file hearing on merits.

c.

The Applicant is directed to remove all office objections on or before 27.09.2019, failing which the Civil Application shall stand dismissed without further reference to the court.

d.

The Civil Application stands disposed of accordingly.

e.

No order as to costs.

(K.K.TATED, J.) Basavraj G. Patil 2/2