Sudam S/O Shankarrao Mature vs Rambhau S/O Deobaji Bhankhede
2023 Latest Caselaw 10386 Bom

2023:BHC-NAG:14934
                                                1                        57-4099-23-J.odt


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              NAGPUR BENCH AT NAGPUR

                            WRIT PETITION NO. 4099 OF 2023

          PETITIONER             :         Sudam s/o Shankarrao Mature,
                                           Aged about 66 years, Occupation :
                                           Cultivator and business,
                                           R/o Inzala Tahsil Deoli, District Wardha

                                              VERSUS

          RESPONDENT         :             Rambhau s/o Deobaji Bhankhede,
                                           Aged about 70 years,
                                           Occupation - Cultivator,
                                           R/o Inzala, Tahsil Deoli, District Wardha

                       Mr. K.J. Topale, Advocate for the Petitioner
                       Mr. P.S. Kadam, Advocate for Respondent


                                                CORAM: AVINASH G. GHAROTE, J.

DATED : 9th OCTOBER, 2023

ORAL JUDGMENT :

Rule. Rule made returnable forthwith. Heard

finally with the consent of learned counsel for the

parties.

2. The petition questions the order dated

17/01/2023, passed by the learned Adhoc District

Judge-2, Wardha, rejecting the application seeking

permission to deposit the amount of costs as directed to 2 57-4099-23-J.odt

be paid by the earlier order dated 08/11/2021 in M.J.C,

No.24/2019, by which the delay was condoned at the

costs of Rs.750./. The delay which has occasioned is 267

days which has been rejected (page 49). It is, however,

material to note that the order dated 08/11/2021 (page

37) in M.J.C. No.24/2019 does not fix any time period

for paying the costs, though it directs that on payment of

costs the main appeal would be registered and

numbered as Regular Civil Appeal. Mr. Topale, learned

counsel for the petitioner, upon instructions, volunteers

to pay costs of Rs.3,000/- to the High Court Bar

Association, Nagpur for the inconvenience caused to the

Court and the other side. Though Mr. Kadam, learned

counsel for the respondent opposes, however,

considering that there is no time period fixed for

depositing the costs in the order dated 08/11/2021 in

M.J.C. No.24/2019, the impugned order below Exh.1

dated 17/01/2023, is hereby quashed and set aside and

the petitioner is permitted to deposit Rs.750/- in the

registry of the concerned District Court by 13th October,

2023. Upon the same being done, the R.C.A. be 3 57-4099-23-J.odt

registered and sent to the Court. This is however subject

to costs of Rs.3000/- to be paid with the HCBA before

that date. The petition is allowed in the above terms. No

costs.

Rule is made absolute in the above terms.

(AVINASH G. GHAROTE, J.) MP Deshpande

Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 11/10/2023 17:06:18