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Bombay High CourtCAS/1899/2015allowed

Shri. Ankush Govind Kadam (Deceased Through Legal Heirs) And ANR. v. Shri. Suresh Ramchandra Kadam And ORS.

2015-12-11Hon'Ble Shri Justice R.D. Dhanuka2 pages

15-cas1899-15 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1899 OF 2015 IN SECOND APPEAL (STAMP) NO.12913 OF 2015 Ankush G. Kadam (since deceased) through L.Rs. - Ajnaji A. Kadam & Ors.

...Applicants V/s.

Suresh R. Kadam & Ors.

...Respondents

Ms.Karishma Shikepadwal for the Applicants.

None for the Respondents.

CORAM : R.D. DHANUKA, J.

DATE : 11TH DECEMBER, 2015.

P.C. :- 1.

By this application the applicants seek restoration of the second appeal, which is dismissed in view of the conditional order passed by the Registrar (Judicial-II) by an order dated 9th September, 2015 along with all the civil applications filed in the said second appeal. Learned counsel for the applicants states that the applicants will remove all the office objections within two weeks from today. The statement is accepted.

2.

For the reasons recorded in the civil application, the civil application is made absolute in terms of prayer clause (a), (b) and (e) on the condition that the applicants remove all the office objections 1/2

15-cas1899-15 within a period of two weeks from today, failing which the order passed today condoning the delay and restoring the second appeal and all other civil applications to stand vacated and the order passed by the Registrar (Judicial-II) to stand restored without further reference to the Court.

3.

If all the office objections are removed by the applicants within the time prescribed, place the second appeal on board for admission on 13th January, 2016.

4.

The civil application is accordingly disposed of in aforesaid terms. No order as to costs.

(R.D. DHANUKA, J.) 2/2