Ashiwant Zepa Kamble And Others v. Mahadeo Zepa Kamble And ANR

(1) 5 CA-6267-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 5 CIVIL APPLICATION NO. 6267 OF 2024 IN CA/6792/2022 ASHIWANT ZEPA KAMBLE AND OTHERS ....Applicants

VERSUS

MAHADEO ZEPA KAMBLE AND ANR .....Respondent .....

Advocate for Applicants : Mr. Nitin N Jagadale .....

CORAM : SANDIPKUMAR C. MORE, J.

DATED : 01-07-2024 ORDER:- IN CIVIL APPLICATION No. 6267/2024 1.

Heard learned counsel for the applicants.

2.

By way of this application, the applicants are claiming restoration of their earlier Civil Application No.6792/2022 for depositing the cost amount of Rs. 10,000/- (Rupees Ten Thousand) imposed at the relevant time for removing office objections as per order dated 20.08.2022 in the aforesaid application. All these applications appear to have filed in Second Appeal which is on Stamp Number. However, learned counsel for the applicants submits that, the said Second Appeal has been filed against the concurrent findings of both the Courts below. That apart, the applicants, despite leniency shown by this Court in granting time to remove the office

(2) 5 CA-6267-2024.odt objections on the certain costs, again failed to remove the same by paying the appropriate cost. It has caused another delay of about two years. This certainly shows highly negligent behaviour of the applicant.

2.

Under such circumstances, imposition of heavy cost is again required by considering the aforesaid negligent approach of the applicants. In view of the same, the application stands allowed in terms of prayer clause (B) subject to another cost of Rs. 25,000/- (Rupees Twenty Five Thousand) to be deposited to the Registry of the High Court for utilization of High Court Dispensary, Bench at Aurangabad, within one week. 3.

After deposit of cost, the applicants shall deposit the earlier cost of Rs. 10000/- (Rs. Ten Thousand) and remove the office objections as per order dated 20.08.2022 two weeks thereafter.

4.

Application stands disposed of.

(SANDIPKUMAR C. MORE, J.) Y.S. Kulkarni