Shri Suryakant Chandrakant Hande v. Smt. Kanizbano Md. Hanif Shaikh And Another

11.cas.320.15.sxw ingale

IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 320 OF 2015 IN REJECTED CASE NO. 1499 OF 2014 Shri Suryakant Chandrakant Hande .. Applicant Vs.

Smt.Kanizbano Md.Hanif Shaikh and another .. Respondents Mr. Sarang S.Aradhye, Advocate for the Applicant. CORAM :

R. G. KETKAR, J.

DATE : 08th MAY, 2015 P.C. :

.

Heard Mr. Sarang S.Aradhye, learned Counsel for the applicant.

2.

By this application, applicant - original plaintiff has prayed for recalling order dated 30/07/2014 passed by the In­charge Registrar (Judicial­II). By that order, applicant had given 4 weeks time to remove office objections, failing which, registration of Second Appeal Stamp was to stand refused for non­prosecution. Mr.Aradhye states that applicant will remove office objections on or before 19/06/2015. He further states that notices in the main appeal were not issued to the respondents.

3.

In view thereof and for the reasons stated in the application, I am satisfied that applicant has made out a sufficient 1/2

11.cas.320.15.sxw cause for granting relief. Hence, Civil Application is allowed in terms of prayer clauses (a­i) & (b) with no order as to costs. Second Appeal is restored to the file of this Court. The applicant shall remove office objections on or before 19/06/2015. Order accordingly.

(R. G. KETKAR, J.) 2/2