Advocates:
['M/S MEHTA AND GIRDHARLAL', 'SHRI SACHIN V MASURKAR', '', 'SHRI MANOJ DALVI & SACHIN MASURKAR']

: 1 :

vss

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

APPEAL FROM ORDER NO.925 OF 2009

Smt.Fulvantibai Chhaganraj Rathod & anr,.

... Appellants

V/s.

Shantinath Darshan Co-op.

Housing society Ltd. & anr.

... Respondents

Mr.J.P. Sen a/w Mr.Sheetal S. Shah for Appellants

Mr.Manoj Dalvi & Sachin Masurkar for Respondents

CORAM: SMT.NISHITA MHATRE, J.

DATED: FEBRUARY 8, 2010

P.C.:

1.

The appeal is of the year 2008. The matter was moved on 2.5.2008 when this

Court (Vazifdar, J.) passed an order that there was no urgency and therefore it should

be listed on the due admission board after the Vacation. The appeal from order was

under objections. When the matter came up on 2.7.2008, it was adjourned since the

advocate for the appellant was absent. The matter continued to be under the office

objections till I directed the office to number the Appeal from Order subject to removal

of office objections. That order was passed some time in September 2009. It appears

that the appeal is still under objections. Despite this, the attorneys have written to

the Regstrar General that the appellant No.1 is a widow and is ageing besides being

unwell. The attorney therefore requested the Registrar General to list the matter on

the Board for admission at the earliest. This was done despite the fact that office

objections were not removed. Again when the matter was circulated for admission by

a praecipe of 19.1.2010 the appellants did not think it fit to remove the office

objections before the matter was listed today on Board for admission.

2.

Appeal is therefore dismissed.

3.

In view of the above, civil application No.1156 of 2009 also stands dismissed.