1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CIVIL APPLICATION NO.: 5662 OF 2008 IN FIRST APPEAL [St] NO.: 16913 OF 2007 [Anant W/o Uttamrao Kadbhane V/s Saraswati D/o Uttamrao Kadbhane and others] 1. We have heard learned counsel Mr. Neharkar, instructed by Advocate Mr. G.K.Thigale who appears for the Applicants and learned A.G.P. for Respondent Nos.1 and 2. We do not feel it necessary to issue notice to Respondent No.3 in this application. The Applicants are challenging the order passed by the Registrar refusing registration dated 9th of October, 2007. Registration was refused because the applicants could not deposit necessary Court fees. Their financial difficulties and health of Saraswati is the ground mentioned in the Application by the applications for not depositing the court fees within the period. After hearing learned counsel for the parties, we are inclined to consider this application, however, we are passing conditional order . We direct the applicants to deposit the deficit court fees within a period of five weeks from today. On such deposit, we are inclined to set aside the order passed by the Registrar. 2. This application is partly allowed. Applicants are permitted to deposit deficit court fees on or before 17th August, 2008. On receipt of court fees, order passed by the Registrar dated 9th October, 2008, shall 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. stand quashed and set aside and the matter shall stand restored to its file and position. The application is allowed in above terms. We clarify that in case of failure on the part of the Applicants to deposit the deficit court fees, within the time stipulated, this order shall stand cancel led, without back reference to this Court. [S. S. SHINDE, J.] [S. B. DESHMUKH, J.] Dated:10/07/2009. ans/5662