wp5517.11 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ WRIT PETITION NO. 5517 OF 2011 ARCHANA BUILDERS PVT. LTD. THR. M.D. VERSUS DR. ARUN GOVINDRAO NIRANTAR AND ANR ... Advocate for Petitioner(s) : Mr. Patni P.F. ... CORAM : S.S. SHINDE, J. Dated: August 03, 2011 ... This writ petition has been filed challenging the order passed by the 5th Joint C.J.J.D., Aurangabad below Exh.175 in RCS No.123/1999 dated 29.6.2011. 2 The learned counsel for the petitioner invited my attention to the application, which was filed before the Court of 5th Joint C.J.J.D., Aurangabad at Exh.175. According to him, there was specific prayer in the said application that writ of Court Commissioner may be issued to S.L.R., Aurangabad as per order below Exh.68 to measure the survey No.18/1/2, entire CTS No. 15302. The learned Counsel for the petitioner submits that initially the petitioner was told to wp5517.11 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ deposit `1500/-. Thereafter the petitioner was told to deposit `500/-. Accordingly, amount of `1500 + `500/- came to be deposited. However, in the year, 2009, the petitioner was told to deposit `50,000/- and thereafter, he was asked to deposit `1,00,l000/-. He is ready to deposit `1,00,000/- as directed by the Superintendent of Land Records. According to the learned Counsel for the petitioner, in the interest of justice, the petitioner may be allowed to deposit `1,00,000/-. It is further submitted that in fact, there is no any fault which can be attributed to the petitioner, at least from August, 2008 till the date. Nothing is on record to suggest that the petitioner has committed any default in depositing the payment. According to the Counsel for the petitioner, this petition may be entertained. 3 Upon careful consideration of the submissions of the learned Counsel for the petitioner and perusal of page 19 of the compilation of writ petition, it appears that the Court of 5th Joint C.J.J.D., Aurangabad on 21st wp5517.11 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ August, 2010 did pass conditional order thereby the petitioner - original defendant was given time to comply with the Exh.88 before next date of hearing. However, it was further observed in the said order that if the petitioner herein i.e. original defendant fails to comply with Exh.88, in that case, the order / direction given on Exh.62 and 68 shall stand cancelled. Admittedly, the said order is not challenged by the petitioner. It is contention of the petitioner that in the interest of justice, the petitioner may be allowed to deposit `1,00,000/-. While rejecting the application filed by the petitioner, the concerned Court has observed that in order dated 21st August, 2010 further time was granted to the applicant / petitioner to deposit fees within 15 days. However, the petitioner has not deposited the said fees, except payment of `2000/- and as a result, the order / direction on Exh.62 and 68 automatically stood cancelled after expiry of 15 days period in view of the order dated 21st August, 2010. Therefore, in the impugned order, the Court observed that since the order dated wp5517.11 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ 21st August, 2010 was not complied with by the petitioner / applicant, the order / direction on Exh. 62 and 68 stood cancelled for non compliance of order dated 21st August, 2010. Therefore, the impugned order refers to the order dated 21st August, 2010 on Exh.88 and as long as the order dated 21.8.2010 is in force / operation, no further orders can be passed. Admittedly, the said order dated 21.8.2010 is not challenged by the petitioner. 4 The orders on Exh.62 and 68 were passed by the competent Court in the year, 2007 and from 2007 till 2011, the petitioner herein who is defendant has not deposited the amount except `2000/-, and as a result, the impugned order came to be passed. No case is made out to exercise extraordinary jurisdiction of this Court. Writ petition is devoid of merits and, therefore, it stands dismissed. (S.S. SHINDE, J.) PLK/*