Mr. Anthony Ignetious Carneiro v. Mr. Vijay Sebastian Gonsalves And ORS

WP 2666-15-PB-9

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2666 OF 2015 Mr. Anthony Ignetious Carneiro.

] ... Petitioner

Versus

Mr. Vijay Sebastian Gonsalves and Ors.

] ... Respondents Mr. S. Shah with Mr. Sheriyar Jal Patel i/b Mulla & Mulla & Craigie Blunt & Caroe for Petitioners.

CORAM :- M. S. SONAK, J.

DATE :- MARCH 17, 2015 P. C. :- 1.

This petition challenges the order dated 09/02/2015 made by the Civil Judge, Senior Division, Vasai, permitting the Respondents to file additional Written Statement subject to payment of costs of Rs.3,000/-.

2.

The impugned order records that there is a medical certificate which shows that the daughter of Defendant No.1 was ill though there is no record that she was hospitalized. In this view of the matter, the learned Civil Judge has made the order dated 09/02/2015. There is neither jurisdictional error nor any perversity in involved in the approach. Discretion has been exercised in the matter. URS

WP 2666-15-PB-9 Accordingly, no case is made out to interfere with the impugned order. Writ Petition is therefore not entertained and disposed of accordingly. 3.

This Court, by order dated 16/01/2014 in Writ Petition No.10041 of 2013, has already directed to dispose of the said suit on or before 31/12/2015.

4.

With the aforesaid observations, Writ Petition is disposed of.

(M. S. SONAK, J.) URS