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Bombay High CourtIA/4/2024dismissed for noncomplying conditional order

Smt. Manda Madhukar Patil v. Bharat Murlidhar Kowli And ORS

2024-02-16Shri. S.R. Agrawal, Registrar(Judl Ii)2 pages

41-IA-4-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4 OF 2024 IN CIVIL REVISION APPLICATION NO. 18 OF 2023 Smt. Manda Madhukar Patil ...Applicant/ Respondent No.5 In the matter between:

Bharat Murlidhar Kowli & Ors.

... Petitioners

Versus

Nagesh Babaji Sawant And Ors

...Respondents

SNEHA NITIN CHAVAN **** Mr. Rajendra Dhuru for the Applicant.

Mr. Mohnish Ghatge for the Respondent No.1.

**** by SNEHA NITIN CHAVAN Date: 2024.02.17 15:44:08 +0530 CORAM : M.M.SATHAYE, J.

DATE : 16th FEBRUARY 2024 P.C. :

1.

Leave granted to amend the title of the present application so far as Applicant's name is concerned. Amendment to be carried out during the course of the day.

2.

This is an application by Respondent No.5 in the Civil Revision Application, making multiple prayers. The first prayer is about office objection that revision application is filed belatedly by 22 days. 3.

Learned counsel for the Applicant has pointed out annexure 3 to the application which is xerox copy of the certified copies showing that impugned order is dated 05.05.2022, certified copies were Sneha Chavan page 1 /2

41-IA-4-2024.doc immediately applied on the next date and they were ready on 01.07.2022. He pointed out that the Revision Application was presented for filing on 05.09.2022. This shows that indeed the revision application was filed in time, provided the concerned certified copy (of which xerox is produced at annexure 3) is submitted with the Registry.

4.

Learned counsel for the Applicant undertakes to file the said certified copy within a period of two weeks from today. If it is submitted within stipulated time, the office objection about delay in filing shall stand dispensed with. In that view of the matter, prayer clause (a) is worked out.

5.

Learned counsel for the Respondent seeks time to file reply so far as other prayers in this Application are concerned. Stand over to 08.03.2024.

[M.M.SATHAYE,J.] Sneha Chavan page 2 /2