Govind Natu Marathe v. Natu Kalu Marathe, Died And ORS

1 920WP5676-12

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 920 WRIT PETITION NO. 5676 OF 2012 Govind Natu Marathe

...Petitioner

versus Natu Kalu Marathe, died and ors

...Respondents.

Mr.S.B.Yawalkar, Advocate for Petitioner CORAM : NITIN W. SAMBRE, J.

DATED: 08th NOVEMBER 2017 PER COURT :- 1.

Heard Mr.Yawalkar for some time.

2.

The order imposing costs is questioned in the present petition.

3.

The circumstances taken into account by the trial court while passing the order impugned, thereby imposing costs, in my opinion, is based on the discretion. There is no material to infer that there is no discretion with the court below to do so.

4.

In view thereof, in my opinion, no interference is required under Article 227 of the Constitution of India. Petition is dismissed.

2 920WP5676-12 5.

Time to deposit costs, extended by six weeks, if not already paid.

(NITIN W. SAMBRE, J.) mta/-