Anil Appasaheb Nikam And ORS v. Babutai Shripati Shinde(Who Treats Herself Falsey As Babutai Appasaheb Nikam) And ORS

Digitally signed by VINA ARVIND KHADPE Date:

2021.12.16 14:03:22 +0530 VINA ARVIND KHADPE Vina Khadpe 8-IA-3939-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3939 OF 2021 IN SECOND APPEAL (ST) NO. 437 OF 2020 Anil Appasaheb Nikam and ors.

... Applicants.

V/s.

Babutai Shripati Shinde & ors.

... Respondents Mr.S. R. Ghanvat for the Applicants.

CORAM : A.S. GADKARI, J.

DATE : 10th December 2021 P.C. :

1.

This is an application for restoration of Second Appeal (St.) No.437 of 2020 which was dismissed for non compliance of Order dated 9th September 2021 passed by the Registrar (Judicial-II). 2.

Advocate Mr. Ghanvat submitted that the present Application is filed within a period of limitation.

2.

Perusal of the Interim Application would indicate that, sufficient cause is made out for restoration of the Second Appeal and Interim Application.

3.

In view thereof, the Interim Application is allowed in terms of prayer Clauses (a).

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Vina Khadpe 8-IA-3939-2021.odt 4.

Applicants are directed to remove Office objections within a period of three weeks from today, failing which, the present Second Appeal and Interim Application shall stand dismissed without further reference to this Court.

[A.S. GADKARI, J.] 2/2