Pramilabai Sadashiv Jagtap v. Ganpat Murlidhar Bankar (Deceased) Lrs Krishnabai (Deceased) And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 915 CIVIL APPLICATION NO.176 OF 2017 IN CA/4583/1994 PRAMILABAI SADASHIV JAGTAP

VERSUS

GANPAT MURLIDHAR BANKAR (DECEASED) LRS KRISHNABAI (DECEASED) AND OTHERS ...

Advocate for Applicant : Mr. P.P. Dhorde Advocate for Respondent Nos.1C & 1D : Mr. Y.H. Lagad h/f. Mr. R.R. Karpe ......

CORAM : MANGESH S. PATIL, J.

DATE : 31-03-2022 PER COURT :

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Heard both the sides.

2.

The Second Appeal was abated on account of death of sole respondent namely Ganpat Murlidhar Bankar. By the order dated 17-04-2015 in Civil Application No.4583 of 1994 the abatement was set aside by condoning the delay, but subject to depositing cost of Rs.5,000/- within three weeks. The time was further extended by the order dated 19-06-2015 upto 25-06-2015. Since the cost was not deposited in time, the original order stood recalled. By way of this application, request is now being made to permit the applicants / appellants to deposit the costs.

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3.

The other side opposes the application.

4.

Taking into consideration the grounds mentioned in the application, the cost of Rs.5000/- are allowed to be deposited, but in addition the appellants shall deposit additional cost of Rs.5,000/- and both these amounts shall be deposited within three weeks, failing which this order shall stand recalled.

5.

The respondents shall be entitled to claim both these costs.

( MANGESH S. PATIL ) JUDGE ...

Gajanan