Manikrao Damodar Bhosale v. Baliram Dynanoba Mundhphane And ORS

by VARSHA VIJAY RAJGURU Date:

2024.10.11 12:40:57 +0530 VARSHA VIJAY RAJGURU 156-ia-11647-2024-sast-7500-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 11647 OF 2024 IN SECOND APPEAL(ST) NO. 7500 OF 2023 Manikrao Damodar Bhosale ... Applicant vs.

Balilram Dynanoba Mundhphane and Ors ... Respondents Mr. Shankar Katkar for Applicant.

CORAM : GAURI GODSE, J.

DATED : 7th OCTOBER 2024 ORDER:

1.

Mentioned out of turn by the learned advocate for the applicant.

2.

Learned advocate for the applicant submits that this application is for recalling the conditional order granting time to remove office objections. There is a delay in filing the application. 3.

Learned counsel for the applicant submits that the reasons for not removing office objections within time are explained in paragraph no.3 of the application. He further submits that inadvertently and due to oversight the objections were not removed Page no. 1 of 2

156-ia-11647-2024-sast-7500-2023.doc within time. Learned counsel for the applicant submits that the office objections shall be removed within three weeks from today. 4.

He further submits that when the conditional order was passed, the respondents were not represented through any advocate.

5.

I have perused the application. The oral submissions made on behalf of the applicant are also explained in the application. For the reasons stated in the application, delay is condoned and the application is allowed in terms of prayer clauses (a) and (b), subject to the learned advocate for the applicant removing all objections within six weeks from today.

6.

It is clarified that, if objections are not removed, the present application shall stand dismissed without further reference to the court. If objections are removed within time, office is directed to register the second appeal and list the same on 7th January 2025. (GAURI GODSE, J.) Page no. 2 of 2