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Bombay High CourtCA/12216/2022disposed off

Tukaram Suryabhanji Kausaitkar And Others v. Vasudev Manikrao Kulkarni And Others

2022-08-25Hon'Ble Shri Justice S. G. Dige2 pages

12216.22CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 910 CIVIL APPLICATION NO.12216 OF 2022 IN FAST/10004/2022 TUKARAM SURYABHANJI KAUSAITKAR & OTHERS

VERSUS

VASUDEV MANIKRAO KULKARNI & OTHERS ...

Advocate for Applicants : Mr.M.M.Parghane ...

CORAM : S.G.DIGE, J.

DATE : 25.08.2022 P.C. :

1] Heard the learned counsel for the applicants. The learned counsel for the applicants submits that the applicants have filed First Appeal before this Court against the judgment and award passed in MACP No. 51/2014. There was office objection of paying deficit court fees of Rs.910/-. The applicants could not deposit the said deficit court fees within stipulated period, hence, registration of the First appeal is refused, hence, requested to allow the application. The learned counsel for the applicants further submits that the advocate on record could not notify the same objection due to ill health, hence, requested to restore the application.

2] Considering the submissions of the learned counsel for the applicants and reasons mentioned in the

12216.22CA application, the order passed by the learned Registrar [Judicial] dated 28th June, 2022 is hereby quashed and set aside. Delay in filing the present Application is condoned. The applicants to deposit deficit court fees and to remove office objections within two weeks.

3] Civil Application is disposed of accordingly. [S.G.DIGE] JUDGE DDC