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Bombay High Court

NIWAS BALKRISHNA MANE AND ORSversusBHUPAL RAMCHANDRA SUTAR AND ORS

Disposal
Allowed

Holding

The court accepted the applicants' claim of deposit and ordered the registry to proceed as per the earlier order.

Summary

The applicants filed an interim application seeking direction after depositing Rs.3000 as ordered by the court on 25 June 2026. They claimed that, due to an oversight, the proof of deposit was not tendered to the registry, which impeded further compliance under the same order. The learned counsel for the applicants, Mr. Amit Sale, submitted that the deposit had indeed been made within the stipulated time. The bench accepted the advocate's statement as true and directed the registry to act in accordance with the earlier order. Consequently, the praecipe was marked as disposed, allowing the court’s earlier directions to be implemented.

Issues considered

  • Whether the applicants had deposited the Rs.3000 as ordered and whether the proof of deposit needed to be tendered to the registry.

Subjects

  • interim application
  • deposit compliance
  • civil procedure
  • registry direction
  • praecipe

Judgment

            Digitally signed
            by LAXMIKANT
            GOPAL
LAXMIKANT   CHANDAN
GOPAL                                                                        (504) IA-728.26.DOCX
            Date:
CHANDAN     2026.08.13
            19:02:10
            +0530
                                                                                                lgc

                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CIRCUIT BENCH AT KOLHAPUR
                                               CIVIL APPELLATE JURISDICTION

                                            INTERIM APPLICATION NO.728 OF 2026
                                                             IN
                                               CIVIL APPLICATION NO.2 OF 2013
                                                             IN
                                         CIVIL REVISION APPLICATION NO.498 OF 2013

                               Niwas Balkrishna Mane & ors.           : Applicants.
                                     Versus
                               Bhupal Ramchandra Sutar
                               Since deceased hence abated
                               Daulatrao Krishnaji Dubal & ors.       : Respondents.
                               ______________________________________________________

                               Mr. Amit Sale a/w Mr. Aditya Patil and Mr. Abhinit Pasale for the
                               Applicants.
                               ______________________________________________________

                                                        CORAM : ASHWIN D. BHOBE, J.

                                                         DATED : 13 AUGUST 2026
                               PC:-



                               1.     This Application is circulated pursuant to the praecipe dated
                               13 August 2026, same is taken on record and marked with “X” for
                               identification.

                               2.     Mr. Amit Sale, learned Advocate for the Applicants, submits
                               that the amount of Rs.3000/- ordered to be deposited by this Court
                               vide order dated 25 June 2026 passed in Interim Application
                               No.728 of 2026 was deposited within the time granted. He submits
                               that by advertence, the compliance and proof of deposit remained



                                                                 1
                                            (504) IA-728.26.DOCX


to be tender in the Registry of this Court. He submits that on
account of the same, further compliance as permitted by this Court
in the order dated 25 June 2026 could not be made.

3.    The statement made by Mr. Amit Sale, learned Advocate for
the Applicants, is accepted.

4.    The Registry to act accordingly and take further steps as
permitted by this Court in the order dated 25 June 2026.

5.    Praecipe is disposed of.

                                          (ASHWIN D. BHOBE, J.)




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