Umakant Narayan Yadav v. Shivaji Pandhari Gund And Another

Writ Petition No.6823/2018 (( 1 ))

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO.6823 OF 2018 Umakant s/o Narayan Yadav ...

PETITIONER

VERSUS

Shivaji s/o Pandhari Gund & anr.

...

RESPONDENTS .....

Shri S.N. Patne, Advocate for petitioner Shri A.S. Kulkarni, Advocate for respondent No.1 .....

CORAM: R.G. AVACHAT, J.

DATED :

28th AUGUST, 2019.

O R D E R :

Impugned in this Writ Petition is the order dated 8/9/2017, passed by Jt. Civil Judge, Junior Division, Tuljapur, allowing Civil Misc. Application No.117/2014, thereby delay caused in filing the restoration application came to be condoned subject to costs of Rs.10,000/-.

2.

Heard Mr. S.N. Patne, learned counsel for the petitioner and Mr. A.S. Kulkarni, learned counsel for respondent No.1. The petitioner herein was the original defendant in the suit, being Regular Civil Suit No.60/1997. When the suit was called on

Writ Petition No.6823/2018 (( 2 )) for hearing, the respondent/ plaintiff was not present. The trial Court, therefore, dismissed the suit in default. There was delay of little over seven years to move the application for restoration of the suit.

3.

The trial Court has observed that, in view of principle of liberal approach and satisfactory explanation given by the plaintiff for condonation of delay, the application was allowed. 4.

The petitioner herein could not make out a case for interference in the impugned order.

5.

It is reported that, application for restoration of the suit is still pending before the trial Court. The trial Court is expected to decide the same at the earliest. The Writ Petition, therefore, fails. The same stands dismissed.

(R.G. AVACHAT) JUDGE fmp/-