Smt. Shantabai Wd/O Kawaduji Mendhe And Others v. Kashiram S/O Narayan Bhagat (Deceased) Indutai W/O Ramdeo Badodekar And Others

cao1632.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO.1632/2017 IN M.C.A.ST.NO.17170/2017 IN REJECTED S. A. NO.724/2017 Smt. Shantabai w/o Kawaduji Mendhe & Ors. ..vs.. Shri Kashiram s/o Narayan Bhagat (Deaceased) thr. His LRs.

_______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. M. B. Turankar, Advocate for applicants.

CORAM : V.M. DESHPANDE, J.

DATED : NOVEMBER 28, 2017 Heard Mr. Turankar, Advocate for applicants.

Miscellaneous Civil Application Stamp No.17170/2017 is for restoration of the second appeal by setting aside the order dated 03.08.2017 passed by Registrar (Judicial) and since there is seven day's delay in moving the said application, Civil Application No.1632/2017 is filed for condonation of delay.

The second appeal was filed within time by the appellant challenging the judgment and decree dated 22.11.2016 passed in Regular Civil Appeal No.40/2011 arising out of judgment and decree passed in Regular Civil Suit No.1067/2004 dated 30.09.2010.

The Registrar raised certain objections when the second appeal was on stamp. Note-sheet shows that time was granted by the Registrar (Judicial) to remove the office objections. However, the office objections were not removed

cao1632.17.odt within the stipulated time. Consequently, the stamp was refused and the appeal was dismissed.

Though the applicants and their counsel were under bounden duty to remove the office objections within stipulated period and though the attitude on the part of the applicants and their counsel in not removing the office objections within the stipulated period is deprecated, in my view, the course of justice should not be denied to the litigant to get the matter decided on merit. Hence, I am of the considered view the case of the applicants should not be thrown in the dustbin for non removal of office objections. That can be taken care of by imposing costs on the applicants.

In view of above, both the applications are allowed. The delay of seven days is condoned. Order revoking the stamp is set aside. Office is directed to register the second appeal on a condition that the applicants shall pay Rs.1000/- as costs to the High Court Bar Association, Nagpur and remove the office objections till 21.12.2017. The applicants shall place a receipt of payment of costs on record.

The applications stand disposed of.

JUDGE kahale