The State Of Maharashtra And ANR v. Tukaram Bovaji Gawali And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.8 OF 2015 CIVIL REVISION APPLICATION STAMP NO.18781 OF 2014 FIRST APPEAL STAMP NO.31118 OF 2013 The State of Maharashtra & anr.
Tukaram Bovaji Gawali and anr.
ALONG WITH CIVIL APPLICATION NO.9 OF 2015 CIVIL REVISION APPLICATION STAMP NO.18784 OF 2014 FIRST APPEAL STAMP NO.31082 OF 2013 Pandurang Dharma Gawali : Respondent.
ALONG WITH CIVIL APPLICATION NO.10 OF 2015 CIVIL REVISION APPLICATION STAMP NO.18795 OF 2014 FIRST APPEAL STAMP NO.31062 OF 2013 Sukhram Gondu Waghmare : Respondent.
ALONG WITH CIVIL APPLICATION NO.11 OF 2015 CIVIL REVISION APPLICATION STAMP NO.18800 OF 2014 FIRST APPEAL STAMP NO.31052 OF 2013
Pandu Jiva Gavali since deceased Yeshwant Pandu Gavali and ors.
ALONG WITH CIVIL APPLICATION NO.12 OF 2015 CIVIL REVISION APPLICATION STAMP NO.18805 OF 2014 FIRST APPEAL STAMP NO.31126 OF 2013 Buda Tanaji Gawali ALONG WITH CIVIL APPLICATION NO.13 OF 2015 CIVIL REVISION APPLICATION STAMP NO.18807 OF 2014 FIRST APPEAL STAMP NO.31134 OF 2013 Balu Pandu Gawali : Respondent.
ALONG WITH CIVIL APPLICATION NO.14 OF 2015 CIVIL REVISION APPLICATION STAMP NO.18811 OF 2014 FIRST APPEAL STAMP NO.31068 OF 2013 Smt. Mamdabai Dharma Choudhari and ors.
ALONG WITH CIVIL APPLICATION NO.15 OF 2015
CIVIL REVISION APPLICATION STAMP NO.18814 OF 2014 FIRST APPEAL STAMP NO.31074 OF 2013 Waman Pandu Gavali and anr.
Mr. A R Patil, AGP, for the Applicants.
CORAM :
R. M. SAVANT, J.
DATE :
21st January 2015 P.C.
The above Civil Applications have been filed for condonation of delay in filing the Civil Revision Applications. The said delay is of 232 days. The cause for filing the above Civil Revision Applications is the conditional order passed on 28/10/2013 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 :- "Time of Two weeks granted to pay deficit Court Fee. If deficit Court Fees is not paid within given period the registration shall stand refused"
It is on account of non-compliance of the said conditional order that the same became operative and resultantly the registration of the First Appeals 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 Appeals were filed by the Applicants i.e. the State of Maharashtra and the Acquiring Body on the payment of the nominal court fees. However, as per the statement made in the Applications 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 Applications for condonation of delay have been mentioned in the above Civil Applications.
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 16/01/2015 passed by this Court in Civil Application No.33 of 2015 in Civil Revision Application Stamp No.24413 of 2014 and companion matters.
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 each of the above Civil Applications.
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 date. The above Civil Applications and the Civil Revision Applications to accordingly stand disposed of.
[R.M.SAVANT, J]