The State Of Maharashtra And Another v. Shri. Pandu Laxman Marge (Deceased) Through His Legal Heirs,
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.33 OF 2015 CIVIL REVISION APPLICATION ST.NO.24413 OF 2014 FIRST APPEAL St. NO. 6924 OF 2013 ..Applicants Shri. Pandu Laxman Marge (Deceased) and others ..Respondents CIVIL APPLICATION NO.34 OF 2015 CIVIL REVISION APPLICATION ST.NO.24270 OF 2014 FIRST APPEAL NO.5909 OF 2013 ..Applicants Shri. Parshram Sakharam Bhoye and others ..Respondents CIVIL APPLICATION NO.35 OF 2015 CIVIL REVISION ST.NO.24276 OF 2014 FIRST APPEAL NO.5905 OF 2013 Shri. Shiva Balu Mokashi CIVIL APPLICATION NO.36 OF 2015 CIVIL REVISION ST.NO.24279 OF 2014 FIRST APPEAL NO.5888 OF 2013
Shri. Gangaram Laxman Mokashi CIVIL APPLICATION NO.37 OF 2015 CIVIL REVISION APPLICATION ST.NO.24284 OF 2014 FIRST APPEAL NO.5882 OF 2013 Shri. Kalu Malhari Jambhekar CIVIL APPLICATION NO.39 OF 2015 CIVIL REVISION APPLICATION ST.NO.24297 OF 2014 FIRST APPEAL NO.5873 OF 2013 Smt. Tulshi Govind Zhole (Dead) and another
...Respondents
CIVIL APPLICATION NO.40 OF 2015 CIVIL REVISION APPLICATION ST.NO.24305 OF 2014 FIRST APPEAL NO.5860 OF 2013 Shri. Pandharinath Shankar Bhoye CIVIL APPLICATION NO.41 OF 2015 CIVIL REVISION APPLICATION ST.NO.24311 OF 2014 FIRST APPEAL NO.5853 OF 2013
Shri. Sitaram Sakharam Bhoye CIVIL APPLICATION NO.42 OF 2015 CIVIL REVISION APPLICATION ST.NO.24320 OF 2014 FIRST APPEAL NO.5839 OF 2013 Shri. Devram Sitaram Bhoye CIVIL APPLICATION NO.43 OF 2015 CIVIL REVISION APPLICATION ST.NO.24325 OF 2014 FIRST APPEAL NO.7036 OF 2013 Shri. Kashinath Sonu Thigale and others
...Respondents
CIVIL APPLICATION NO.44 OF 2015 CIVIL REVISION APPLICATION ST.NO.24333 OF 2014 FIRST APPEAL NO.7030 OF 2013 Shri. Tulshiram Mahadu Bhoye and others
...Respondents
Mr. Anand Patil AGP for the Applicants CORAM :
R. M. SAVANT, J.
DATE :
16th JANUARY, 2015 P.C.
The above Civil Applications have been filed for condonation of delay in the filing the Civil Revision Applications. The said delay is of 1 year and 170 days. The cause for filing the above Civil Revision Applications is the conditional order passed on 31/01/2013 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 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 15th January 2015 passed by this Court in Civil Application No. 28 of 2015 in Civil Revision Application St. No. 32126 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]