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Bombay High CourtCAW/3354/2015dismissed

Dadasaheb Appasaheb Patil v. Sub-Registrar Of Assurances And ORS.

2016-02-09Hon'Ble Shri Justice M.S. Sonak2 pages

osk 923-caw-3354-15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3354 OF 2015 IN WRIT PETITION NO.8210 OF 2014 Dadasaheb Appasaheb Patil ...

Applicant/ Petitioner V/s.

Sub-Registrar of Assurances & Ors.

...

Respondents Mr.R.S.Datar for the Applicant/Petitioner.

Ms.M.S.Bane, 'B' Panel Counsel for Respondent No.3. CORAM : M.S. SONAK, J.

DATE : 09th FEBRUARY, 2016.

P.C.

.

By order dated 18th June, 2015, limited interim relief was granted to the Petitioner, subject to the Petitioner filing an undertaking in this Court within a period of four weeks. As the Petitioner, fail to furnish the undertaking, by order dated 11th August, 2015, the period for filing undertaking was extended by three weeks. It was made clear that no further extension would be granted, if the undertaking not filed and appropriate order would have been passed, including vacating the interim relief. 1/2

osk 923-caw-3354-15.odt 2.

By this Civil Application the Applicant, once again, seeks further extension to file the undertaking. The ground set-out in the application is that the Petitioner is 79 years of age and illness.

3.

The Civil Application is filed by the Applicant on 26th September, 2015, alongwith the same, the Petitioner, could have at-least annexed the undertaking. The Petitioner has not even done this. From this it is quite clear that the Petitioner is not interested in filing the undertaking. That apart in the order dated 11th August, 2015, it was made clear that no further extension will be granted. 4.

Accordingly, this Civil Application is dismissed and further, the interim relief, granted by order dated 18th June, 2015 is hereby vacated.

(M.S. SONAK, J.) 2/2