Bombay High CourtCRA/49/2017dispossed offdismiss for default

Ramlal S/O Fulchand Meshram v. Smt. Taibai Wd/O Tukaram Khadse And Others

2017-04-12Hon'Ble Shri Justice Nitin W. Sambre2 pages

cra49.17 23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CIVIL REVISION APPLICATION NO.49 OF 2017 Shri Ramlal s/o Fulchand Meshram ..vs..

Smt. Taibai wd/o Tukaram Khadse and ors ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri H.I. Kothari, Counsel for the applicant.

CORAM

: N.W. SAMBRE, J.

DATED : APRIL 12, 2017.

Heard learned counsel Shri H.I. Kothari for the applicant at length.

Perused order dated 16.12.2016 condoning delay in filing appeal against judgment and decree passed by learned Joint Civil Judge Junior Division, Kamptee in Regular Civil Suit No.84 of 2014 decreeing suit in favour of present applicant.

Learned counsel Shri H.I. Kothari for the applicant was right in pointing out that the reasons are not germane to the cause of condoning delay and there was no explanation in support of delay caused. However, in my opinion, once the Court below has exercised its discretion in condoning delay of about a year, no interference on merit is warranted. However, in my opinion, in the backdrop of cause disclosed in the application for condonation of delay costs of Rs.2,000/- .....2/-

cra49.17 23 (rupees two thousand only) is required to be enhanced to Rs.5,000/- (rupees five thousand only) to be paid by the non-applicants within a period of 6 weeks from the date of receipt of order of this Court. Amount of costs is enhanced without notice to non-applicant original applicant as the order is innocuous.

Learned District Judge, Nagpur is directed to decide appeal, as expeditiously as possible, and in any case preferably within a period of six months from today.

The civil revision application stands disposed of as such.

JUDGE !! BRW !!

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