Krushna Yashwant Sawant v. Suresh Vasant Godse And ORS

71-wp11122-2023.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11122 OF 2023 Krushna Yashwant Sawant ... Petitioner V/s.

Suresh Vasant Godse & Ors.

... Respondents ATUL GANESH KULKARNI ATUL GANESH KULKARNI Date: 2025.01.15 14:45:05 +0530 Mr. Aditya Desai for the petitioner.

CORAM

: AMIT BORKAR, J.

DATED : JANUARY 15, 2025 P.C.:

1.

The Appellate Court by the impugned order has permitted the respondents to pay costs in furtherance of order dated 25 January 2022. According to the petitioner, order dated 25 January 2022 was self-operative and, therefore, the Appellate Court could not have allowed the respondents to deposit such costs after a period of ten months.

2.

Considering the nature of order passed by the Appellate Court, in my opinion, it would be in the interest of justice that the respondents are directed to deposit Rs.3,000/- for delay in depositing the costs. Therefore, the respondents shall pay to the petitioner further costs of Rs.3,000/- within six weeks from the date of service of this order on the respondents.

71-wp11122-2023.doc 3.

The Advocate for the petitioner shall serve a copy of this order on the respondents.

4.

The writ petition stands disposed of in above terms. No costs.

(AMIT BORKAR, J.)