Kusum Balaji Kagane And Others v. Supriya Balaji Kagane And Another

CA No. 8991/2016

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD 928 CIVIL APPLICATION NO. 9891 OF 2016 IN CRAST/16168/2016 KUSUM BALAJI KAGANE AND OTHERS

VERSUS

SUPRIYA BALAJI KAGANE AND ANOTHER ...

Advocate for Applicants : Hande Avinash D.

...

CORAM : T.V. NALAWADE, J.

DATED : 15th July, 2016.

ORDER :

1.

The application is filed for condonation of delay of 75 days caused in filing civil revision application against the order made by Civil Judge, Junior Division, Loha on Exh. 71 in R.C.S. No. 24/2010. Heard the learned counsel.

2.

In the suit, application was moved under Order 11, Rule 21 of Civil Procedure Code by the present applicants, defendants and prayer was made to dismiss the suit. One order made by the Court of production of various document was not complied with. The order made by the Court shows that the default was not willful. In any case, submissions made show that document was allegedly registered in the office of Sub-Registrar. In view of these circumstances, anybody can get that document, if that document is relevant in the matter. In view of these

CA No. 8991/2016 circumstances, there is no arguable case in the main matter and so, there is no need to issue notice to other side. It is clear that present proceeding is an attempt to protract the decision of the main matter. No sufficient cause is shown. The application stands rejected.

[ T.V. NALAWADE, J. ] ssc/