SHRI GAHANINATH ABA AVADHUT Vs. JANARDHAN KAKA AVADHUT

JUDGEMENT

(1.) BY order dated 27.08.2012, the parties were put to notice that the petition would be heard finally at the admission stage. In spite of notice to the Respondents, none appears for them. Office note indicates that the Respondents are served. Hence, Rule, made returnable forthwith and heard.

(2.) THE order impugned is one rejecting the application for extension of time to pay costs as directed by the order dated 16.09.2011. The said Misc. Civil Application No.80/2006 has been rejected on the ground that no sufficient reasons were mentioned by the Application for extension of time. In my view, considering the fact that the Lower Appellate Court had found it fit to condone the delay by imposing costs of Rs.1,500.00, it would S.K.Talekar be just and proper to extend the time to pay the said costs. Since the costs are already deposited in this Court, the same to be transmitted to the Court of the learned District Judge, Solapur. On such transmission, the Respondent No.1 would be entitled to withdraw the same.