Allowed

Shri. Vinayak Anant Navelkar (Since Deceased) Represented through His Legal Representative and Anr. v. Shri. Ramkrishna Dattaram Gad (Since Deceased) through His Legal Heirs and 2 Ors.

Bombay HC4 Jul 2015CRA/9/2015

Case brief

AI extract

What is this about?

Single judge allowed civil revision application setting aside Deputy Registrar's order refusing second appeal registration. Petitioners must deposit Rs.1000 and remove remaining office objections within one week.

What did the court decide?

Challenged order set aside; Second Appeal registtable upon deposit of Rs.1000 and removal of objections.

Shri. Vinayak Anant Navelkar (Since Deceased)… — Civil Procedure and Limitation | Bombay HC (2015)

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IN THE HIGH COURT OF BOMBAY AT GOA

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CIVIL REVISION APPLICATION NO. 9 OF 2015

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SHRI. VINAYAK ANANT NAVELKAR (SINCE DECEASED) REPRESENTED THROUGH HIS LEGAL REPRESENTATIVE AND ANR., ... Petitioners Versus SHRI. RAMKRISHNA DATTARAM GAD (SINCE DECEASED) THROUGH HIS LEGAL HEIRS AND 2 ORS., ... Respondents

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... Respondents

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Mr. Jitendra P. Supekar, Advocate for the Petitioners.

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Coram:C. V. BHADANG, J.

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Date:4th July, 2015

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P.C.:

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Heard Mr. J. Supekar, learned counsel for the Petitioner.

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By this revision application, the petitioners are challenging the order dated 27/2/2015 passed by the learned Deputy Registrar of this Court refusing registration of Second Appeal Stamp. 2889/2014 for non-complaince of office objections. It is submitted that out of the 10 office objections, 8 were already removed. The only office objections which were to be compiled with, was production of the certified copies of the judgment and decree of the trial court and that of the appeal memo. It is submitted that the learned counsel for the petitioners was out of station and therefore, could not take steps. He submits that the petitioners are ready to deposit an amount of

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2 CRA/9/2015

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Rs.1000/- (Rupees one thousand only) with the Goa State Legal Services Authority, as a matter of remorse.

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In this case, the Second Appeal was dismissed at the stage of registration itself. As such, issuance of notice to the other side would not be necessary.

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The learned counsel for the petitioners undertakes to remove the office objections within one week from today. For the reasons stated, the civil revision application is allowed. The impugned order dated 27/2/2015 is hereby set aside. Let the Second Appeal be registered, subject to the petitioners depositing an amount of Rs.1000/- with the Goa State Legal Services Authority and removing the office objections within one week from today.

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The civil revision application is disposed of in the aforesaid terms.

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C. V. BHADANG, J.

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ap/-

Shri. Vinayak Anant Navelkar (Since Deceased) Represented through His Legal Representative and Anr. v. Shri. Ramkrishna Dattaram Gad (Since Deceased) through His Legal Heirs and 2 Ors.

Case brief

What is this about?

What did the court decide?

Shri. Vinayak Anant Navelkar (Since Deceased) Represented through His Legal Representative and Anr. v. Shri. Ramkrishna Dattaram Gad (Since Deceased) through His Legal Heirs and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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