Vinayak Govind Katre v. Pandu Raghu Katre And Others

2024:BHC-AUG:22436 920 CA 9583-2024

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 920 CIVIL APPLICATION NO. 9583 OF 2024 IN CIVIL APPLICATION NO. 16703 OF 2016 VINAYAK GOVIND KATRE

VERSUS

PANDU RAGHU KATRE AND OTHERS ...

Mr. K.R. Yadav h/f. Mr. S.J. Salunke - Advocate for Applicant ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 24th September, 2024 PER COURT :

1.

Heard learned Counsel holding for Mr. S.J. Salunke for applicant.

2.

The application is filed for extension of time to deposit the cost amount as per order dated 07.12.2018 and for setting aside the dismissal order passed in Second Appeal (St.) No. 36100 of 2016 and Civil Application No. 16703 of 2016 passed by this Court on 07.08.2024. On perusal of order dated 07.12.2018 it appears that, the delay of 27 days in filing Second Appeal was condoned subject to cost of Rs.1,000/- to be paid to the High Court, Legal Services, Sub - Committee, Aurangabad within two weeks.

3.

However, the said meagre cost of Rs.1,000/- was not paid by Pooja Kale 1/2

920 CA 9583-2024 the applicant for almost six years and therefore the Second appeal could not be register. As such, by considering the highest negligent approach of the applicant this Court vide order dated 07.08.2024 dismissed the Second Appeal alongwith the pending Civil Application. Learned Counsel for the applicant submits that, applicant is old aged person and therefore, he may be granted one opportunity to contest his Second Appeal.

4.

However, considering the highest negligent approach of the applicant of not paying the cost amount of only Rs.1,000/- for six years, this Court is not inclined to grant any relief as sought in the application. In view of the same, the application stands rejected. 5.

The Civil Application is accordingly disposed of. [ SANDIPKUMAR C. MORE ] JUDGE Pooja Kale 2/2