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Bombay High CourtIA/7983/2024disposed off

Chandrakant Sitaram Marathe And ORS v. Smt. Indira Sitaram Narvekar Decd By Lhrs And ORS

2024-08-26Hon'Ble Shri Justice R. M. Joshi2 pages

S.S.Kilaje 4-IA-7983-24.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 7983 OF 2024 IN WRIT PETITION STAMP NO. 5105 OF 2020 Chandrakant Sitaram Marathe and Ors.

... Applicants/ Petitioners

Versus

Indira Sitaram Narvekar Deceased by heirs and Ors.

... Respondents .............

Mr. Saurabh M. Railkar, Advocate for the Applicant.

CORAM

: R. M. JOSHI, J.

DATED : 26th AUGUST, 2024.

P.C. :

1.

This application is for restoration of Writ Petition (Stamp) No. 5105 of 2020.

2.

Learned counsel for the applicants / original petitioners makes statement that the petition was dismissed for non removal of office objections and before issuance of notice to the respondents. 3.

In the above circumstances, this application can be taken upon for hearing without issuance of notice to the respondents. 4.

Perusal of the application does not show that there was any intention or deliberate act on the part of the petitioner in not removing the office objections. The delay of 65 days caused in making this application is 1/2

S.S.Kilaje 4-IA-7983-24.doc neither inordinate nor deliberate.

5.

In view of this, application is allowed in terms of prayer caused (a) and (b).

6.

Learned counsel for the petitioner undertakes to remove office objections within a period of three weeks.

7.

If office objections are not removed within this period, the petition shall stand dismissed without further reference to the Court. ( R. M. JOSHI, J.) by SONALI SATISH KILAJE Date:

2024.08.27 12:13:54 +0700 SONALI SATISH KILAJE 2/2