Bombay High Court
JOTINATH RATANNATH JOGI (DIED) THROUGH LRS MARUTI JOTINATH JOGI.versusTHE STATE OF MAHARASHTRA THROUGH THE DIST COLLECTOR OSMANABAD AND ORS.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court extended the time for depositing the costs by two weeks and allowed the application, directing the respondents to accept the payment.
Summary
The applicant, the legal heir of the deceased Jotinath Ratannath Jogi, filed a civil application seeking condonation of delay in filing an appeal, which the High Court had previously allowed subject to payment of Rs.5,000 costs per appeal within four weeks. The applicant attempted to deposit the costs with the Additional Collector, but the payment was rejected on the ground of delay. Consequently, the applicant moved the court for a direction compelling the respondents to accept the payment. The court extended the time for depositing the costs by an additional two weeks, allowed the application as per the prayer clauses, and disposed of the matter. The order effectively permits the applicant to fulfill the cost payment requirement despite the earlier delay.
Issues considered
- What is the appropriate remedy when a respondent refuses to accept court‑directed cost payments due to a delay in deposit?
Subjects
- condonation of delay
- costs
- extension of time
- civil application
- high court
- procedure
Judgment
2026:BHC-AUG:42558
1 925-CA-10514-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
925 CIVIL APPLICATION NO. 10514 OF 2026
IN FA/2404/2026
Jotinath Ratannath Jogi (died) Thr. Lrs Maruti Jotinath Jogi.
VERSUS
The State Of Maharashtra Thr. The Dist Collector Osmanabad And Ors.
...
Mr. Ingale Vivekanand V. for the Applicant.
Ms.Preeti Diggikar, AGP for the Respondent/State.
...
CORAM : MANJUSHA DESHPANDE, J.
DATE : 10.09.2026
PER COURT :
1. While deciding the Civil Application seeking condonation of
delay in filing the present Appeal, this Court condoned the delay, subject
to the condition that the Applicant shall pay costs of Rs.5,000/- in each
Appeal to the Respondent/Acquiring Body within a period of four weeks
from the date of the said order. The said order was passed by this Court
on 25th February, 2026.
2. The learned Advocate for the Appellant/Applicant submits
that he had approached the office of the Additional Collector for
depositing the amount of costs as directed by this Court. However, the
said amount was not accepted on the ground that there was a delay in
depositing the costs. Hence, the present Application has been filed
seeking a direction to the Respondents to accept the amount of costs as
directed by this Court.
Sunny Thote
2 925-CA-10514-2026.odt
3. In view of the above, the time to deposit the amount of costs
is extended by a further period of two weeks.
4. The Civil Application is allowed in terms of Prayer Clauses
[A] and [B] and according the same is disposed off.
[ MANJUSHA DESHPANDE, J. ]
Sunny Thote
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