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Bombay High CourtIA/15518/2024allowed

Keshav Poojari S/O Raju (Thr. C.A. Sunita Kaur Gurvinder Singh Saini) v. Mamta Poojari W/O Keshava

2024-12-11Hon'Ble Shri Justice M. M. Sathaye2 pages

9.IA.15518.2024.doc by ANANT KRISHNA NAIK Date:

2024.12.12 16:28:40 +0530 ANANT KRISHNA NAIK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 15518 OF 2024 IN APPEAL FROM ORDER (ST) NO. 30050 OF 2023 Keshav Poojari S/o Raju (Through C.A. Sunita Kaur Gurvinder Singh Saini) ...Applicant

Versus

Mamta Poojari W/o Keshava

...Respondent

**** Ms Gayatri Pinkyar h/f. Adv. Shyamrishi Pathak for the Applicant. **** CORAM :

M. M. SATHAYE, J.

DATED :

11th DECEMBER 2024 P.C.:

1.

Heard learned Counsel for the Applicant. Leave is granted to add prayer for delay condonation. Amendment be carried out during the course of the day.

2.

This is an Application for restoration of the Appeal from Order, which is dismissed under conditional order dated 24/01/2024 for non-removal of the office objections within the stipulated time. There is a delay of 13 days in filing the Application.

3.

Records shows that no notices were issued in the Appeal from Order before its dismissal.

4.

In that view of the matter and considering the averments made in the Application sufficient cause/case is made out for condonation of delay and akn 1/2

9.IA.15518.2024.doc restoration.

5.

Hence, subject to Applicant removing all office objections within a period of 5 weeks from today, the Application is allowed in terms of prayer clause a(i) and (a) and the Appeal from Order is restored. If the office objections are not removed within stipulated time, this application will stand dismissed without further reference to the Court. 6.

Place the Appeal from Order on 29/01/2025, for admission if office objections are removed.

(M. M. SATHAYE, J.) akn 2/2