Housrao Prabhu Salunke v. Dilip Prabhatrao Salunke And ORS

2024:BHC-AUG:3184 M-ca-1852-2024.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.1852 OF 2024 IN FAST/13819/2023 Housrao Prabhu Salunke

VERSUS

Dilip Prabhatrao Salunke and Others ...

Advocate for the Applicant : Mr. R.G. Hange ...

CORAM : S.G. MEHARE, J.

DATED : FEBRUARY 13, 2024 PER COURT:- 1.

Not on board. Taken on board.

2.

This civil application has been filed against the order of the Registrar (Judicial) dated 11.07.2023. The applicant did not remove the office objections nor appear before the Taxing Officer. There was a delay of 199 days in not removing the office objections. 3.

Learned counsel for the applicant states that he is ready to remove the office objections and appear before the Taxing Officer on the point of Court fee.

4.

The observations of the Registrar (Judicial) are specific that sufficient time was granted to the applicant to remove the office objections. The applicant did not care to appear before him; hence, he passed the impugned order.

M-ca-1852-2024.odt (2) 5.

It appears that there were no substantial reasons with the applicant for not removing the office objections. He even did not feel it appropriate to appear before the Registrar (Judicial). For want of any justifiable reasons, the order of the Registrar (Judicial) dated 11.07.2023 could not be set aside. There must be promptitude in attending the matters to be listed before the Registrar (Judicial). It seems that the applicant has taken it for granted. Hence, the following order :

ORDER

(i) The order of the Registrar (Judicial) dated 11.07.2023 in First Appeal (Stamp) No.13819 of 2023 is set aside, subject to cost of Rs.4,000/-.

(ii) Cost be deposited with this Court within four weeks from today. (iii) The applicant should remove the office objections and appear before the Taxing Officer within seven days.

(S.G. MEHARE, J.) Mujaheed//