The State Of Maharashtra (Thr. The Deputy Collector,(Land Acquisition)) v. Shri Ramdas Gangara Patil And ORS.

7.CAC339_2017.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 339 OF 2017 In CIVIL REVISION APPLICATION (ST.) NO. 22159 OF 2017 WITH CIVIL REVISION APPLICATION (ST.) NO. 22159 OF 2017 The State of Maharashtra ... Applicant Vs.

Ramdas Gangaram Patil & Ors.

... Respondents Mr. A.R. Patil, AGP for the applicant/State.

CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 10th August, 2018.

P.C.:

The Civil Application is moved for condonation of delay of 98 days in filing Civil Revision Application for setting aside the conditional order dated 27th February, 2017 passed by Registrar (Judicial-I) and allow the applicant to deposit the deficit court fees in First Appeal (St.) No. 6050 of 2017.

2.

The learned AGP submitted that proceedings were dismissed before issuance of notice, hence no notice is required to the other side. The learned AGP submitted that generally First Appeals are filed by the State on nominal stamp of Rs.20 and after calculating the Court fees and sanction of the amount, the Court fees is paid, hence 1 / 2

7.CAC339_2017.doc there is delay in payment of Court fees. The Registrar (Judicial-I) on 27th February, 2017 granted two weeks time as a last chance to pay deficit court fees and passed conditional order. Learned AGP submitted that as funds were not available at that time, the State could not pay deficit court fees within the stipulated time. He submitted that now the funds are available and the State is in a position to pay the deficit court fees. Learned AGP submitted that the delay of 98 days be condoned.

3.

In view of the submissions and the reasons mentioned in the Application, delay of 98 days is condoned. The order dated 27 th February, 2017 passed by Registrar (Judicial-I) is set aside. Civil Revision Application is allowed in terms of prayer clause (b). The deficit court fees is to be paid within eight weeks from today. If the deficit court fees is not paid within the stipulated time, First Appeal will be dismissed without reference to the Court. 4.

Civil Application for condonation of delay is allowed and is accordingly disposed of.

(MRIDULA BHATKAR, J.) 2 / 2