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Bombay High CourtCAS/1060/2019disposed off

Mr.Dhondiba Bhikaji Thombare (Deceased Thru Lrs) And Others v. Shankar Tukaram Talekar And Others

2019-08-09Hon'Ble Shri Justice R.D. Dhanuka1 pages

kvm 1/1 14-CAS1060.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1060 OF 2019 IN SECOND APPEAL (ST) NO. 8857 OF 2018 Dhondiba Bhikaji Thombare, Since deceased through his legal heirs Kalpanabai Dhondiba Thombare & Ors.

..... Applicants

VERSUS

Shankar Tukaram Talekar (deceased) Through his legal heirs Sharada Shankar Talekar & Ors.

..... Respondents Ms.Sabita Bhowmik, i/b. Mr.S.A.Masal for the Applicants. CORAM :

R.D. DHANUKA, J.

DATE :

9th AUGUST, 2019 P.C.

Learned counsel appearing for the applicants states that the office objections could not be removed within the time prescribed due to unavoidable circumstances and undertakes to remove all office objections within four weeks from today. Undertaking is accepted. In view of the undertaking rendered by the learned counsel appearing for the applicants, order dated 25th October, 2018 passed by the learned Registrar (Judicial -II) is set aside on the condition that all office objections would be removed within four weeks from today. It is made clear that if all the office objections are not removed within a period of four weeks from today, second appeal to stand dismissed without further reference to court. Civil application is accordingly allowed in terms of prayer clauses (a) and (b). No order as to costs. [R.D.DHANUKA, J.]