Rakesh Pukhraj Rathod And Another v. India Infoline Marketing Services Ltd. And Other

56CRA205-19 JPC

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO. 205 OF 2019 Rakesh Pukhraj Rathod & another ...

Applicants

VERSUS

Indian Infoline Marketing Services Ltd. & ors. ...

Respondents Mr.

M. N. Navandar, Advocate for the applicants Mrs. Rashmi S. Kulkarni, Advocate for Respondent No.1 ....

CORAM : GAURI GODSE, J.

DATE : 10th February, 2023 PER COURT :

1.

This civil revision application challenges an order dated 16th August, 2019 passed by the learned District Judge- 2, Bhusawal in Misc. Civil Application No. 41 of 2017. The miscellaneous civil application was filed for condoantion of delay of 270 days in filing appeal for challenging the judgment and decree dated 2nd December, 2016 passed by the learned Joint Civil Judge, Senior Judge Bhusawal in Special Civil Suit No. 263 of 2014. By the said decree, the present respondents were directed to handover possession of the suit properties to the applicants as well as there was a decree directing the respondents to pay an amount to the present applicants. The delay caused in filing the regular civil appeal was condoned by the order impugned in the present civil revision application. As a condition for condonation of delay, the learned District Judge has imposed cost of Rs.15000/- to to be paid to the present applicants. 1/2

56CRA205-19 2.

Learned counsel appearing for the respondents state that the order impugned in the present civil revision application is an equitable order and delay is condoned by imposing cost of Rs.15,000/-. Hence, she submits that the order may not be interfered with. However, on instructions, she states that the respondents are agreeable to pay an amount of Rs.35,000/- in addition to Rs.15,000/- towards cost to the present applicants.

3.

The learned counsel appearing for the applicants fairly submits that since the amount of cost is voluntarily increased by the respondents, he would not press the present civil revision application on a condition that the respondents will deposit the amount of additional cost with the district court within a period of four weeks from today and the applicants are permitted to withdraw the amount. 4.

Learned counsel for the applicants submit that the earlier cost amount is also not withdrawn by the preset applicants. The learned counsel for the respondents state that she has no objection if the applicants withdraw the amount of cost initially deposited as well as the additional amount of cost that will be deposited within a period of four weeks from today.

5.

For the reasons stated above, civil revision application is disposed of in the above terms.

6.

The applicants would be at liberty to make appropriate application before the District Court for early hearing of the appeal. [ GAURI GODSE, J. ] 2/2