Chintaman Balkrishna Patil v. Vijay Damodar Patil
rsk 1 24-IA-7580-24.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.7580 OF 2024 IN FIRST APPEAL NO.1257 OF 2018 Chintaman Balkrishna Patil ....Applicant In the matter between Vijay Damodar Patil ....Appellant V/s.
Chintaman Balkrishna Patil ....Respondent ---- Ms. Akanksha Mishra, for the Applicant-Respondent. Mr. Sanjiv Sawant a/w. Mr. Abhishek Deshmukh and Ms. Bhakti Wast i/b Abhishek Deshmukh for the Appellant.
---- CORAM : JITENDRA JAIN, J.
DATED : 23 September 2025 P. C. :
1.
This application is taken out by the original plaintiff and respondent in the present appeal for return of original ration card. The applicant in paragraph No.3 of the present application states that the original ration card is required to enable him to make an application for caste certificate, domicile certificate and enter the name of his grandchildren and daughterin-law in the family ration card and for seeking admission of the grandchildren to the school.
2.
Mr. Sawant referred to Chapter VIII Rule 5 of the Bombay High Court (Appellate Side) Rules 1960 which provides for supply of copies on application being made. However in this case since entries have to be made in the original ration card compliance of Rule 5 may not be possible. 3.
Therefore, looking to the facts of the present case, the Registry is
rsk 2 24-IA-7580-24.doc directed to return the original ration card to the applicant. Before the original ration card is handed over to the applicant, Registry is directed to make two copies of the ration card, one to be retained in the court records of the present appeal and another to be handed over to the advocate for the appellants herein so that there is no dispute later on with respect to any alteration to the original ration card.
4.
Since the original ration card is returned for the limited purpose specified above, all the statutory and government authorities who are concerned with the caste certificate, domicile certificate, ration card and school admission are requested that the application of the applicant for the requisite purpose should be processed on priority basis so that the original ration card can be returned to the Court immediately. I hope that all the authorities will take note of this fact and comply in letter and spirit. 4.
The applicant is given time of eight weeks from the date when the Registry returns the original ration card to make the necessary application and for the addition of the names in the ration card. Once the entries in the ration card is made, the applicant is directed to return the original ration card to the Registry and a copy of the amended ration card should be given to the learned counsel for the appellant. In terms of above, Civil Application No.7580/2024 is disposed of.
5.
Before parting we appreciate the fair stand taken by learned counsel Mr. Sawant for the appellant in not seriously contesting relief prayed for by the applicant.
6.
Original appellant and respondent are also requested by the Court to sit across and resolve the differences between them amicably so that both can reap the fruits rather than the fruits becoming sour by virtue of pendency of the pending appeal.
(JITENDRA JAIN, J.)