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1984 Supreme(Kar) 135

NESARGI, MURALIDHARA RAO
DR. APPASAHEB SHATTAPPA ADKE – Appellant
Versus
SMT. ANNAPURNA DEVI – Respondent


NESARGI, J.

( 1 ) THE request in. A. No. 1 is for condonation of delay in refiling:. A. No. 1 has been filed on 16-2-1984. The appeal has been presented on 12-12-1983. The request in. A. No. 2 is also for condonation of delay in refiling the appeal. This has been filed on 2-7-1984.. A. No. 3 also has been filed on 2-7-1984 with a request for extension of time for payment of deficit Court fee.. As. 2 and 3 are supported by the affidavit of Sri Shivraj Patil, the learned Advocate appearing on behalf of the appellant.. A. No. 1 is supported by the affidavit of the clerk of the learned advocate.

( 2 ) EXAMINATION of the records and scrutiny of the report of the Appeal Examiner disclose, that the appeal was presented on 12-12-1983, the memorandum of appeal being incomplete, as there there no grounds of appeal, it was not even signed by the party or the learned Advocate, and a court fee of Rs. 10/- only was affixed. In regard to the remaining aspects, like furnishing of the certified copies of the judgment and decree, the same had been done. The decree plainly showed that the Court fee payable was Rs. 3,800/ -. It is to be remembered that as against this amount, only Rs. 10/- Court fee











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