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Bombay High CourtCAF/4577/2007

State Of Maharshtra v. Dhondu Pilaji Memane Through His L.R.S.

2017-02-14Hon'Ble Shri Justice M.S. Sonak1 pages

skc 13-CAF-4577-07.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4577 OF 2007 IN FIRST APPEAL (STAMP) NO. 21395 OF 2006 The State of Maharashtra ..

Applicant vs.

Dhondu Pilaji Memane (since deceased) through L.Rs.

Murlidhar D. Memane & Ors.

..

Respondents Mr. Yogesh Dabke - AGP for Applicant / Appellant. Mr. Sachin Punde for Respondent Nos. 1/1 to 1/6, and 1/8 and 1/9. Mr. U. B. Nighot for Respondent No. 2.

CORAM : M. S. SONAK, J.

DATE: 14 FEBRUARY 2017 P.C :

1] This civil application is for restoration. There was delay in deposit of deficit court fees. Mr. Dabke, learned AGP states that deficit court fees have now been deposited. In the first place, there was no justification in delaying deposit of court fees. However, now that the deficit court fees have been deposited, the civil application can be allowed and the first appeal can be restored again, subject to payment of costs of Rs.10,000/-.

2] Such costs of Rs.10,000/- (Rupees Ten Thousand) to be paid to respondent nos. 1/1 to 1/6, 1/8 and 1/9 within a period of four weeks from today.

3] Civil application is disposed of accordingly. (M. S. SONAK, J.) Chandka 1/1