- 1 - ca720.09.sa rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION CIVIL APPLICATION NO. 720 OF 2009 in SECOND APPEAL St.No.1249 of 2009 1. Gangaji Janu Thakur & anr .. Applicants vs 1. Shridhar Nathu Ghanekar & ors .. Respondents Mrs.Geeta P. Mulekar for Applicants None for Respondents CORAM: GIRISH GODBOLE, J DATE: 7 July 2011 P.C. 1. Heard Mrs.Geeta Mulekar for the Applicants. This Civil Application is for restoration of Second Appeal by setting aside conditional order dated 25.3.2009 passed by Registrar (Judicial) by which Second Appeal was dismissed for non-removal of office objections that certified copy of the trial Court judgment was not filed and payment of deficit court fee on certified copy of the Decree. Mrs. Mulekar has drawn my attention to Rule 12 of Chapter IV of the Bombay High Court Appellate Side Rules, 1960 which show that by amendment effected on 18.8.2007 published in M.G.G. Part 4-C at page 279 - 2 - ca720.09.sa the words decree or order and were deleted from sub-Rule 2 of Rule 12 of Chapter IV and thus there was no requirement of filing certified copy of the decree of the trial court. Mrs.Mulekar is therefore, justified in contending that the objection was wrongly raised. 2. Other objection was regarding deficit stamp of Rs.10/- on certified copy of decree of the appellate court. Time to remove the said objection is extended and the said objection shall be removed during the course of the day. 3. Civil Application therefore deserves to be allowed and is accordingly allowed in terms of prayer clauses (a) and (b). Appeal may be heard and listed for admission in due course or if circulated earlier by advocate for the Applicants. 4. Registrar (Judicial) is directed to ensure that in view of the aforesaid amendment in sub-Rule 2 of Rule 12 of chapter IV of the Bombay High Court Appellate Side Rules,1980 effected from 18.8.2007 office will not raise objection regarding non-filing - 3 - ca720.09.sa of certified copy of decree of the trial court and filing of the certified copy of the judgment and order of the trial court would be sufficient. 5. The concerned officer of the department shall bring this order to the notice of the Registrar (Judicial) and Registrar General and appropriate directions be issued to the concerned officers in- charge of First Appeal/Second Appeal departments who conduct the work of scrutiny. G.S.Godbole, J