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Bombay High CourtCA/15282/2016admittedallowedgrantedrule absolute

Barkatali Yusufali Patanwala v. Sayyed Manzar Sayyed Usman

2016-12-02Hon'Ble Shri Justice Sunil P. Deshmukh2 pages

sgp 1 CA15282.2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

CIVIL APPLICATION NO. 15282 OF 2016 IN CIVIL REVISION APPLICATION NO. 17 OF 2015 Barkatali Yusufali Patanwala Applicant...

Versus

Sayyed Manzar Sayyed Usman Respondent...

..........

Mr A. R. Devakate, Advocate for the applicant .............

CORAM : SUNIL P. DESHMUKH, J.

DATE : 2ND DECEMBER, 2016.

PER COURT:

.

This application has been moved for extending the period under order dtd. 23.11.2015 to deposit the paper publication charges. Learned counsel for applicant submit that, there has been communication gap between the applicant and his lawyer and in the circumstances, the amount could not be deposited. He submits that, the applicant is aged person and thus period for depositing the paper publication charges be extended and the order of dismissal be recalled restoring the Civil Revision Application.

sgp 2 CA15282.2016 2.

In view of aforesaid, I deem it appropriate to grant the application subject to payment of reasonable costs for the inconvenience that would be caused to the other side in the process. In view of the same, Civil Application is allowed in terms of prayer clause "B" & "C".

3.

The order dtd. 23.11.2016 to the extent of matter deemed to have been dismissed for non-deposit of the amount stands recalled. Same is modified enabling applicant to deposit amount till 16.12.2016 subject to deposit a sum of Rs. 3500/- in this Court, for appropriation according to further orders.

[ SUNIL P. DESHMUKH ] JUDGE