Single judge allowed Civil Revision Applications filed by the State of Maharashtra, condoning delay, and restored First Appeals dismissed for non-payment of court fee, directing deposit within eight weeks.
Civil Revision Applications allowed; First Appeals restored contingent upon deposit of deficit court fee within eight weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE
CIVIL APPLICATION NO.180 OF 2012 IN
CIVIL REVISION APPLICATION (St.) NO.381 OF 2011
The State of Maharashtra & Ors. … Applicants Vs.
Shri Krushna Ranu Gavade & Anr. … Respondents
WITH CIVIL APPLICATION NO.181 OF 2012 IN
CIVIL REVISION APPLICATION (St.) NO.384 OF 2011
The State of Maharashtra & ors. … Applicants Vs.
Pomana Ningapa Gavade & ors.. … Respondents
WITH CIVIL APPLICATION NO.182 OF 2012 IN
CIVIL REVISION APPLICATION (St.) NO.389 OF 2011
The State of Maharashtra & ors. … Applicants Vs.
Shri Mayanna Bhairu Gavade & anr. … Respondents
WITH CIVIL APPLICATION NO.183 OF 2012 IN
CIVIL REVISION APPLICATION (St.) NO.392 OF 2011
The State of Maharashtra & ors. … Applicants Vs. Laxman Ramu Gavade. … Respondent
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WITH
CIVIL APPLICATION NO.184 OF 2012 IN
CIVIL REVISION APPLICATION (St.) NO.405 OF 2011
The State of Maharashtra & ors. … Applicants Vs.
Shri Jivana Jainu Kamble & anr. … Respondents
WITH CIVIL APPLICATION NO.185 OF 2012 IN CIVIL REVISION APPLICATION (St.) NO. 409 OF 2011
The State of Maharashtra & ors . … Applicants Vs.
Shri Ganesh Rama Kamble & anr. … Respondents
WITH
CIVIL APPLICATION NO.186 OF 2012 IN CIVIL REVISION APPLICATION (St.) NO. 378 OF 2011
The State of Maharashtra & ors. … Applicants Vs.
Shri Dhondiba Subrao Gavade. … Respondent
WITH CIVIL APPLICATION NO.187 OF 2012 IN
CIVIL REVISION APPLICATION (St.) NO.411 OF 2011
The State of Maharashtra & ors. … Applicants Vs.
Shri Dhondi Rama Gurav. … Respondent
WITH
CIVIL APPLICATION NO. 188 OF 2012 IN
CIVIL REVISION APPLICATION (St.) NO.428 OF 2011
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The State of Maharashtra & ors. … Applicants Vs. Shri Tukaram Vithoba Gavade & anr. … Respondents
WITH CIVIL APPLICATION NO.189 OF 2012 IN
CIVIL REVISION APPLICATION (St.) NO. 433 OF 2011
The State of Maharashtra & ors. … Applicants Vs. Shri Omanna Jakappa Kamble (-deceased through L.R's) & anr. … Respondents
WITH
CIVIL APPLICATION NO.190 OF 2012 IN
CIVIL REVISION APPLICATION (St.) NO.424 OF 2011
The State of Maharashtra & ors. … Applicants Vs. Shri Satuppa Bhairu Patil. … Respondent
WITH CIVIL APPLICATION NO.191 OF 2012 IN
CIVIL REVISION APPLICATION (St.) NO. 420 OF 2011
The State of Maharashtra & ors. … Applicants Vs. Shri Govind Dhondiba Dalavi & anr. … Respondents
WITH
CIVIL APPLICATION NO.192 OF 2012 IN
CIVIL REVISION APPLICATION (St.) NO.416 OF 2011
The State of Maharashtra & ors. … Applicants Vs. Shri Bharamu Kumana Gavade & anr. … Respondents
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Mr.A.R.Patil, AGP for applicants.
CORAM : N.M. JAMDAR J. Friday, August 17, 2012.
P.C.:
This group of matters are Civil Revision Applications filed by the State of Maharashtra praying that the conditional orders passed by the Registrar (Judicial-I) be set aside. By the conditional orders, the Registrar (Judicial -I) had directed the State of Maharashtra, who had filed First Appeals without paying the requisite Court fee, to pay the Court fee within period stipulated in the order. Since the appellant-State failed to deposit Court fee within the time prescribed, the conditional orders became operative and the First Appeals were dismissed for non-prosecution. There is delay in filing the Civil Revision Applications and therefore, Civil Applications for condonation of delay have been filed along with Civil Revision Applications.
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Court fee along with the First Appeals. It has been averred in the revision applications that the Office of the District Government Pleader forwarded the matter for opinion to the Law and Judiciary department, Mantralaya regarding filing the First Appeals. Since the procedure was taking some time, First Appeals came to be filed, depositing nominal Court fee. The Registrar (Judicial-I) granted two weeks time to pay the deficit Court fee and thereafter the Registrar (Judicial-I) passed a conditional order. The conditional order became operative and the First Appeals came to be dismissed. It is submitted that after the conditional order became operative, the acquiring body deposited a demand draft for payment of Court fee in all the first appeals, with the office of the Government Pleader High Court (A.S) Mumbai. The learned AGP submits that if some time is given to deposit the deficit Court fee, the Court fee will be immediately deposited, as the amount of Court fee is now lying with the Office of the Government Pleader.
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the facts and circumstances of the group at hand. Accordingly, the Civil Revision Applications are allowed in terms of prayer clause (b) and (c) with a condition that the applicant-State shall deposit the deficit Court fee within a period of eight weeks from today. If the requisite Court fee is deposited and all other objections removed then the First Appeals be listed for admission on their assigned date. The Civil Applications and Civil Revision Applications are disposed of accordingly.
(N.M.JAMDAR, J.)
Mlns
3 issues framed by the court
Whether delay in filing Civil Revision Applications can be condoned for the State of Maharashtra.
Whether First Appeals dismissed for non-prosecution due to non-payment of court fees can be restored and admitted.
Whether the applicant-State can be permitted to deposit deficit court fee and restore the dismissed First Appeals.
Colour shows how this judgement treated each authority
Civil Application No.508 of 2009 with Civil Revision Application No.712 of 2010Referred¶68
The State of Maharashtra
Krushna Ranu Gavade
Kamble
Gavade
N.M. JAMDar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
