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
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(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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