Bombay High CourtCAS/182/2016rejected at admission stage

Umesh S/O Rajnarayan Dube And Another v. Rajnarayan S/O Sabhapat Dube

2017-04-24Hon'Ble Shri Justice Z.A. Haq1 pages

1 sa67.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR SECOND APPEAL NO. 67 OF 2015 (UMESH RAJNARAYAN DUBE & ANR....VS.. RAJNARAYAN SABHAPAT DUBE) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dr. R.S.Sirpurkar, Advocate for Appellants.

Shri A.V.Bhide, Advocate for Respondent.

CORAM : Z.A.HAQ, J.

DATED : APRIL 24, 2017.

CAS NO. 182/2016.

Heard.

The appellants have filed this application praying for modification of the order passed by this Court on 30th September, 2015, by which the appellants are directed to deposit Rs.3,000/- per month before Civil Court at Khamgaon every month as condition for grant of stay to the execution of the impugned decree. The amount is to be paid to the respondent who is father of the appellant No.1. Considering the facts of the case and as I find that there are no bonafides on the part of the appellants in moving this application as they failed to prosecute this application for last 14 months, the civil application is rejected. No costs. CAS NO. 181 OF 2016.

List the civil application before the appropriate Bench.

JUDGE RRaut..