Experiments in judiciary

Adv Mr Dhage had already plus ten years’ practice n was very popular amongst down trodden litigants. He was a revolutionary advocate in Hinganghat Bar. During his school days his father had filed a suit for specific performance n possession of agricultural land of about six acres. It was decreed in his favour. However, on account of First Appeal in Wardha Dist Court, it’s execution proceeding (Darkhast) was stayed in Hinganghat Court. Meanwhile Mr Dhage had finished his law education and started practice. First Appeal having been dismissed, he had applied for fresh notice to the J D but due to later’s Second Appeal before Hon H C and Stay, the Darkhast remained Stayed.

In fact Hon H C’s stay was conditional. The appellant was directed to comply some deficiency (court fees) within 15 days, in default of which, Second Appeal was to stand automatically dismissed.

During inspection of those proceedings, I had noticed that the Second Appeal was automatically dismissed after 15 days of filing of it, for non -compliance of Court Order. It’s Writ was accordingly received n taken note of, in the Suit Register. 

It meant, Darkhast ought to have proceeded further but unfortunately even after 7-8 years still it was pending as Stayed. It was best example of a case that दरजी हमेशा फटे कपडे पेहनता है… किंवा कुंभार नेहमी फुटक्या माठातले पानी पीतो. 

On next working day I called Adv Mr Dhage and showed him his decade old Darkhast. He said  *“सर मी मागच्या आठवड्यात नागपुर ला गेलो होतो. माझे वकील राम लांबट साहेबांना भेटलो होतो. त्यांना यातील सेकंड अपीलाची आठवण केली होती मात्र त्यांचे म्हणने पडले की फेवरेबल बेंच येऊ ध्या*. 

Thereafter, I showed him Civil Suit Register pertaining to his suit. 

Sir, still I remember his face. It was under a great shock. Had there been a stone near him, he would have hit on his head. He had strongly clamped his head with his both hands and uttered *Oh My God*.  

After couple of minutes he moved application for Possession Warrant. His Darkhast was closed as fully satisfied in next one month. Possession of the land which he could have secured 7-8 years ago n enjoyed the crops, remained in  doldrums at his own cost n lethargy.

When after 13-14 years he had visited Pune, had been to my Court (Adhoc D n S Judge) n was reminiscent of that Darkhast.

Sir, looking back one more Darkhast from Hinganghat comes to my mind. It was pertaining to partition of a house n matter had many many rounds of litigation in various Appellate Courts. Decree Holder’s Adv Mr S G Deshpande (later Hon PDJ) had applied for appointment of Court Commissioner for executing partition decree. Usually a junior advocate is appointed as a Court Commissioner in such cases n that too by consensus. Taking note of the tremendous dispute between the parties, I had appointed Police Inspector from Hinganghat Police Station as the Court Commissioner who, had gone to the spot ( with his team) n done the job promptly n perfectly.

I don’t know whether my move to appoint Police Inspector as the Court Commissioner was right or wrong, but I vividly remember, Adv Shri S G Deshpande had asked me, सर पोलीस ईनस्पेक्टरला कमिशनर नेमावे हे आपणांस कसे सुचले?

मी नुसताच हसलो हतो. खरे तर आजही ३३-३४ वर्षा नंतर मला त्या प्रश्नाचे उत्तर माहीत नाही. कदाचित,न्यायदानाच्या खुर्ची ची ती कमाल असावी.

Moral of the story is that during my early days in judiciary, the young age pushed me to exert more. Regular track on the pendency of court cases, whether civil suits or criminal cases, darkhasts or misc matters is very helpful. It encourages our staff, advocates, litigants to be more vigilant. 

Recalling those days is really very pleasing. Tnx to Lordship Hon R C Chavan Sir for inspiring me n many others to go down the memory lane.