The State Of Maharashtra And ANR v. Shri Ankush Dattaram Sawant
IN THE HIGH COURT OF JUDICATURE AT MUMBAI
CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.265 OF 2015 IN CIVIL REVISION APPLICATION (ST.) NO.11932 OF 2015 IN FIRST APPEAL (ST.) NO.21346 OF 2014 State of Maharashtra and another ...
Applicants Vs.
Raghunath Gopal Sawant (dead) through Yeshwant Raghunath Sawant ...
Respondent WITH CIVIL APPLICATION NO.266 OF 2015 IN CIVIL REVISION APPLICATION (ST.) NO.11935 OF 2015 IN FIRST APPEAL (ST.) NO.14089 OF 2014 State of Maharashtra and another ...
Applicants Vs.
Bhikaji Kashiram Sawant ...
Respondent WITH CIVIL APPLICATION NO.267 OF 2015 IN CIVIL REVISION APPLICATION (ST.) NO.11944 OF 2015 IN FIRST APPEAL (ST.) NO.16466 OF 2014 State of Maharashtra and another ...
Applicants Vs.
Ankush Dattaram Sawant ...
Respondent WITH CIVIL APPLICATION NO.268 OF 2015 IN CIVIL REVISION APPLICATION (ST.) NO.11925 OF 2015 IN FIRST APPEAL (ST.) NO.21354 OF 2014 State of Maharashtra and another ...
Applicants 1/3
Vs.
Dipak Vitthal Sawant and others ...
Respondents Mr. A. R. Patil, AGP for Applicants in all CAs. CORAM : R. G. KETKAR, J.
DATE : 17TH JULY, 2015 P.C. :
Heard Mr. Patil, learned AGP for Applicants.
2.
The above Civil Applications have been filed for condonation of delay in filing the Civil Revision Applications. The delay is of less than a year. The cause for filing the above Civil Revision Applications is the conditional order passed in the above group of First Appeals by the learned Registrar (Judicial-I) in each of the First Appeals. The said conditional order is to the following effect: "Two weeks time granted to pay deficit court fees, failing which registration shall automatically stand refused." It is on account of non-compliance of the said conditional order, the same became operative and resultantly, the registration of the First Appeals stood refused.
3.
The order passed by the learned Registrar (Judicial-I) is referable to Rule 4 (vi) of Chapter V of High Court (Appellate Side) Rules. Against such an order, there is a remedy of revision provided by Rule 6 of the same Chapter. The said Rule provides that against the order passed by the learned Registrar refusing registration of any matter under the foregoing Rule, the same shall be revisable upon a regular stamp application, which shall be filed within 7 days from the date of the order. 4.
It is required to be noted that the First Appeals were filed by the 2/3
applicants i.e. the State of Maharashtra and the Acquiring Body on the payment of the nominal Court fees. In identical fact situations, three learned Judges of this Court have come to a conclusion that notice to other side in so far as the condonation of delay in filing the Civil Revision Applications, which have been filed for setting aside the conditional order of the learned Registrar, Judicial (I) of this Court is not required. The last of the orders is the order dated 16.12.2014 passed by this Court in Civil Application No.678 of 2014 in Civil Revision Application (St.) No.21605 of 2014 and companion matters. 5.
The above Civil Revision Applications have been filed by the applicants for restoration of the First Appeals. In the light of the aforesaid precedents and considering the averments made in the above Civil Applications, the Civil Applications for condonation of delay in filing the Civil Revision Applications are required to be made absolute and are accordingly made absolute in terms of prayer clause (b) of the above Civil Applications.
6.
The above Civil Revision Applications for restoration of the First Appeals are also required to be allowed and are accordingly allowed in terms of prayer clause (b) in each of the Civil Revision Applications. Resultantly, the First Appeals are restored to file. On restoration of the First Appeals, the State to deposit the deficit Court fees within a period of 8 weeks from today.
7.
The above Civil Applications and the Civil Revision Applications are accordingly disposed of.
(R. G. KETKAR, J.) Minal Parab 3/3