High CourtsSingle Bench(2012) 06 BOM CK 0094

Mr. Rajendra P. Kashyap vs Mr. Eknath Anna Hiroji and Mr. Ramesh Mayekar

Bombay High Court · Decided on 20 June 2012

HON’BLE JUDGES
F.M. Reis, J
CASE NUMBER
Civil Revision Application No. 17 of 2012

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Judgment

11 paragraphs · 281 words

F.M. Reis, J.—Heard Shri P.S. Lotlikar, the learned Counsel appearing for the petitioner. Admit.

2.

Heard forthwith.

3.

The above petition challenges the order passed by the learned Registrar dated 29/07/2011 whereby the second appeal preferred by the petitioner came to be dismissed for non-prosecution as the office objections were not cleared. The petitioner also seeks to condone the delay in filing the above civil revision application.

4.

During the course of the hearing of the above petition Shri P.S. Lotlikar, the learned Counsel appearing for the petitioner undertakes to clear the office objections within four weeks from today.

5.

Considering the facts and circumstances of the case and in the interest of justice and in view of the fact that the petitioner undertakes to clear the office objections within four weeks from today, I find it appropriate that the impugned order passed by the learned Registrar dated 29/07/2011 be quashed and set aside after condoning the delay in filing the above civil revision application. It is made clear that in case the office objections are not cleared within four weeks, the second appeal shall be dismissed for non-prosecution without any further reference to the Court. In view of the above, I pass the following order:

ORDER

(i) The delay in filing the revision is condoned and the impugned order dated 29/07/2011 passed by the learned Registrar is quashed and set aside.

(ii) Stamp No. 652/2011 is restored.

(iii) The petitioner is directed to clear office objections within four weeks from today.

(iv) In case such office objections are not cleared within the said period the appeal shall stand dismissed without further reference to the Court.

(iv) Petition stands disposed of.