← Library
Bombay High CourtCA/12838/2016admittedallowedgrantedrule absolute

Smt Dhrupadabai W/O Kashinath Karanjkar Died Lrs Rama Died Lrs Santhosh And ORS v. Dattatray Devidas Survase Deleted Ramling And ORS

2016-10-21Hon'Ble Shri Justice Sunil P. Deshmukh2 pages

{1} ca12838-16 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.12838 OF 2016 IN SECOND APPEAL NO.30 OF 1988 Dhrupadabai Kashinath Karanjkar (Died) LRs APPLICANTS

VERSUS

Dattatray Devidas Survase and Others RESPONDENTS .......

Mrs. M. A. Kulkarni, Advocate for the applicants Mr. S. G. Chapalgaonkar, Advocate for respondents .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 3 rd FEBRUARY, 2017 ORDER :

1.

Heard learned advocates for the parties.

2.

The matter has been moved for extension of period for making deposit of costs, as directed under order dated 21st October, 2016, explaining that instead of 30th of November, learned advocate carried the impression that the amount was to be deposited by 30th of December and as such, the amount could not be deposited within time. The office has expressed inability to accept the amount being tendered after 30th November, 2016. 3.

It is further being stated that the advocate could not

{2} ca12838-16 personally monitor the progress in matter, as she was undergoing some medical treatment.

4.

Mr. Chapalgaonkar, learned advocate, submits that in the meanwhile, the order of dismissal was carried to revenue authorities.

5.

Be that as it may, ends of justice would be met with by extending period for deposit and if the amount of costs is enhanced from Rs.2,500/- to 3500/-.

6.

As such, it is expected that by 15th February, 2017 amount of Rs.3,500/- would be deposited by the applicants. 7.

In view of aforesaid, time granted under order dated 21st October, 2016 shall be deemed to have been extended to 15th February, 2017.

8.

Matter be placed in urgent category on 15th February, 2017.

[SUNIL P. DESHMUKH, J.] drp/ca12838-16