Shiva Naik Vs. Devidas Satappa Telgi, S/O. Satappa Telgi and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/949729
SubjectEducation
CourtMumbai Goa High Court
Decided OnJun-20-2012
Case NumberCIVIL REVISION APPLICATION NO.12 OF 2012
JudgeF.M. Reis
AppellantShiva Naik
RespondentDevidas Satappa Telgi, S/O. Satappa Telgi and Others
Excerpt:
oral judgment: heard shri j.j. mulgaonkar, the learned counsel appearing for the petitioner. 2. admit. 3. heard forthwith. 4. the above petition challenges the order passed by the learned registrar dated 15/03/2012 whereby the appeal preferred by the petitioner came to be dismissed for non-payment of process fees to serve the unserved respondents. 5. during the course of the hearing of the above petition shri j.j. mulgaonkar, the learned counsel appearing for the petitioner undertakes to pay the requisite process fees within two weeks from today. 6. considering the said statement of the learned counsel and in the interest of justice the impugned order dated 15/03/2012 passed by the learned registrar deserves to be quashed and set aside. 7. in view of the above, i pass the following order:order (i) the impugned order dated 15/03/2012 passed by the learned registrar is quashed and set aside. (ii) first appeal no.3/2011 is restored to the file. (iii) petitioner is permitted to pay the process fees to serve the unserved respondents within three weeks from today. (iv) petition stands disposed of.
Judgment:

Oral Judgment:

Heard Shri J.J. Mulgaonkar, the learned Counsel appearing for the petitioner.

2. Admit.

3. Heard forthwith.

4. The above petition challenges the order passed by the learned Registrar dated 15/03/2012 whereby the appeal preferred by the petitioner came to be dismissed for non-payment of process fees to serve the unserved respondents.

5. During the course of the hearing of the above petition Shri J.J. Mulgaonkar, the learned Counsel appearing for the petitioner undertakes to pay the requisite process fees within two weeks from today.

6. Considering the said statement of the learned Counsel and in the interest of justice the impugned order dated 15/03/2012 passed by the learned Registrar deserves to be quashed and set aside.

7. In view of the above, I pass the following order:

ORDER

(i) The impugned order dated 15/03/2012 passed by the learned Registrar is quashed and set aside.

(ii) First Appeal No.3/2011 is restored to the file.

(iii) Petitioner is permitted to pay the process fees to serve the unserved respondents within three weeks from today.

(iv) Petition stands disposed of.