Allowed

Shri Baburao Ganesh Marbate v. Shri. Prakash S/O Raghunath Mahalgave (Dead) through Lrs. Shobha Wd/O Prakash Mahalgave and Other

Bombay HC20 Dec 2024CAO/261/2024

Case brief

AI extract

What is this about?

Application for extension of time to deposit cost and remove office objections in a matter dismissed in default. Court allowed the application subject to additional cost to be deposited within a specified period, directing re-registration of the appeal after compliance.

What did the court decide?

Application allowed subject to depositing additional cost of Rs.500/- by 08/01/2025 and removing office objections.

Shri Baburao Ganesh Marbate Vs Shri. Prakash… — Civil Procedure and Limitation | Bombay HC (2024)

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(1)

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1 cao 261-2024

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

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CIVIL APPLICATION (CAO) NO. 261 OF 2024 IN CIVIL APPLICATION (CAO) NO. 1274 OF 2023

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Shri Baburao Ganesh Marbate and another

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Vs.

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Shri. Prakash S/o Raghunath Mahalgave (Dead) through LRS. Shobha Wd/o Prakash Mahalgave and others

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- – - - - - - - – - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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- - - - ---------------- - - - - - Shri V.R. Thote, Advocate for the applicants

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CORAM : SMT M.S. JAWALKAR, J. DATE : 20.12.2024

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The present application is filed for modification/extension of time to deposit cost as well as to remove office objections in the dismissed in default matter. This Court vide order dated 11/10/2023, delay in filing restoration of application was condoned, subject to cost of Rs.1000/-, to be deposited within period of two weeks. By the said order itself, two weeks time granted to remove office objections. However, it is contended by the learned Counsel appearing on behalf of the applicant that in spite of deposit of Rs.1000/- with the earlier Counsel, he has not deposited the same and the appellant was under impression that cost amount is deposited. As such, applicant seeks permission to deposit

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(2) 1 cao 261-2024

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the cost as well as to remove office objections by extending the period. Considering the reason, the application is allowed, subject to additional cost of Rs.500/-, to be deposited to High Court Legal Services Sub-Committee, Nagpur. The appellant shall deposit the same by 08/01/2025 and also remove the office objections.

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Office to take note.

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After deposit of cost as directed above, office to re-register Second appeal with original stamp number.

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Application stands disposed of.

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Jayashree..

Shri Baburao Ganesh Marbate v. Shri. Prakash S/O Raghunath Mahalgave (Dead) through Lrs. Shobha Wd/O Prakash Mahalgave and Other

Case brief

What is this about?

What did the court decide?

Shri Baburao Ganesh Marbate v. Shri. Prakash S/O Raghunath Mahalgave (Dead) through Lrs. Shobha Wd/O Prakash Mahalgave and Other

Case brief

What is this about?

What did the court decide?

What the court decided

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