Umeshrao S/O Bhaskarrao Dande And Another v. Sachin S/O Appa Duche And Another
2024:BHC-NAG:13510 24.cao.1505.24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.1505 OF 2024 IN MCA ST. NO.23071 OF 2024 IN FIRST APPEAL ST. NO.7806 OF 2022 (D) Umeshrao S/o Bhaskarrao Dande and another .Vs. Sachin S/o Appa Duche and another Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri H. Verma, Adv. h/f Shri P.R. Agrawal, Adv. for appellants/applicants. CORAM : SANJAY A. DESHMUKH, J.
DATED : 10/12/2024 1.
This is an application for condonation of delay of 720 days caused for filing application for restoration of first appeal, which was dismissed for non-removing of office objections i.e. Court fees.
2.
The learned advocate for the applicants submitted that the applicants are poor and their son was died in the vehicular accident therefore, delay is caused. She submitted that within a week, Court fees can be paid / deposited. It appears that delay is not deliberately caused, the application therefore, deserves to be allowed on the following condition:
3.
The application is allowed subject to deposit Court fees within a week. Delay of 720 is condoned. 4.
It is clarified that, if the Court fees is not deposited within a week, the application shall be deemed to be rejected without further orders.
5.
Application is disposed.
24.cao.1505.24.odt MISC. CIVIL APPLICATION ST. NO.23071 OF 2024 1.
This is an application for restoration of first appeal which was dismissed for non-removing of office objections i.e. payment of Court fees.
2.
The learned advocate for the applicants submits that, Court fees will be paid/deposited within a week.
3.
Considering submission of learned advocate for the applicants, it would be proper to allow the application. The application is allowed subject to deposit Court fees within a week.
4.
It is clarified that, if the Court fees is not paid within a week, this application shall be rejected within further order.
5.
Application is disposed.
(SANJAY A. DESHMUKH, J.) C.L. Dhakate