The State Of Maharashtra (Through The Special Land Acquisition Officer) And ANR v. Shri. Suresh Maruti Sawant
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL APPLICTION NO.395 OF 2015 IN CIVIL REVISION APPLICATION STAMP NO.17421 OF 2015 IN FIRST APPEAL STAMP NO.21024 OF 2014 IN L.A.R. NO.11 OF 2006 The State of Maharashtra & Anr.
: Applicants
Versus
Suresh Maruti Sawant : Respondent Mr. A R Patil AGP for the Applicants CORAM :
R. M. SAVANT, J.
DATE :
4th September, 2015 P.C.
The above Civil Application has been filed for condonation of delay in the filing the above Civil Revision Application. The said delay is of 308 days. The cause for filing the above Civil Revision Application is the conditional order passed on 31-7-2014 in the above First Appeal by the learned Registrar (Judicial-I). 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 Appeal stood refused.
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 forgoing rule, the same shall be revisable upon a regular stamp application which shall be filed within 7 days from the date of the order.
It is required to be noted that the First Appeal was filed by the Applicants on the payment of the nominal court fees. However, as per the statement made in the Application for condonation of delay, the acquiring body has deposited demand drafts towards the payment of the deficit court fees with the office of the Government Pleader, High Court, Mumbai. Hence in so far as the court fees are concerned, the same have now been provided for by the State Government. The reasons why the delay has occasioned in filing the above Application for condonation of delay have been mentioned in the above Civil Application.
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 21st August, 2015 passed by this Court in Civil Application No. 251 of 2015 in Civil Revision Application St. No.933 of 2015 and companion matters.
The above Civil Revision Application has been filed by the Applicants for restoration of the First Appeal. In the light of the aforesaid precedents and considering the averments made in the above Civil Application, the above Civil Application for condonation of delay in filing the Civil Revision Application is required to be made absolute and is accordingly made absolute in terms of prayer clause (b) of the Civil Application. The above Civil Revision Application for restoration of the First Appeal is also required to be allowed and is accordingly allowed in terms of prayer clause (b) of the Civil Revision Application. Resultantly the First Appeal is restored to file. On restoration of the First Appeal, the State to deposit the deficit court fees within a period of 8 weeks from date. The above Civil Application and the Civil Revision Application to accordingly stand disposed of.
[R.M.SAVANT, J]