Smt. Banabai @ Banatai Vasant Done v. Smt. Sanjay Yavan Hegade And ORS.

510 cafst 35938-16=.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (ST) NO. 35938 OF 2016 IN REJECTED CASE NO. 2129 OF 2016 IN FIRST APPEAL (ST) NO. 34749 OF 2015 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. Omkar Nagwekar for the Applicant.

CORAM: K.K.TATED, J.

DATED : 26/08/2019 P.C.

Not on board. At the request of the learned Counsel for the Applicant, matter is taken on board for urgent order.

Heard the learned Counsel for the Applicant.

By this Civil Application, the Applicant is seeking to restore the First Appeal (ST) No.

34749 of 2015 which stands dismissed for non removal of office objections by order dated 15.06.2016 passed by the learned Registrar (Judicial­II).

The learned Counsel for the Applicant submits that inadvertently it remained on their part to remove office objections in Sneha Chavan 1/2

510 cafst 35938-16=.odt time. He submits that Applicant undertakes to remove all office objections within four weeks from today.

Considering the submissions made by the learned Counsel for the Applicant, averments made in Civil Application and as the Applicant is ready and willing to remove all office objections within stipulated time, I am satisfied that 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 Registrar (Judicial­II) is set aside.

b) First Appeal (ST) No. 34749 of 2015 is restored on file for hearing on its own merits.

c) Applicant to remove all office objections on or before 21.09.2019 failing which Civil Application shall stand dismissed without further reference to the Court.

d) Civil Application stands disposed of accordingly. No order as to costs.

(K.K.TATED, J.) Sneha Chavan 2/2