Shivaji Pitambar Lonare And Others v. Kendu Santaji Vanis

2024:BHC-AUG:22912

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 1021 CIVIL APPLICATION NO. 9195 OF 2024 IN WP/13163/2022 Shivaji Pitambar Lonare And Others

VERSUS

Kendu Santaji Vanis ...

Advocate for Applicant : Mr. Mukul Wagh h/f Mr. S.S. Shaikh Advocate for Petitioner in WP : Mr. Mukul Kulkarni ...

WITH WRIT PETITION NO. 13163 OF 2022 ....

CORAM : ARUN R. PEDNEKER, J.

Dated : September 25, 2024.

PER COURT :- 1.

By the present petition, the petitioners are seeking the recall of the 'No Written Statement' order dated 06/12/2019, in Regular Civil Suit No. 38/2019, passed by the Civil Judge Junior Division, Sakri. 2.

The Trial Court has noted that the petitioners/ applicants, on four earlier occasions, filed applications seeking the setting aside of the 'No Written Statement' order dated 06/12/2019, and accordingly dismissed the applications at Exhibits 19, 20, 21, and 22. 3.

The 'No Written Statement' order has not been challenged before this Court, nor the orders passed on subsequent applications for setting aside the 'No Written Statement' dated 04/03/2020, 20/01/2021, 02/03/2021, and 03/04/2021 at Exhibits 19, 20, 21 and 22, respectively are challenged, and the only order under challenge is dated Page 1 of

1021 CA 9195-2024 13/10/2021.

4.

I see no error in the order passed by the Trial Court. The writ petition is accordingly dismissed, and the pending civil application stands disposed of.

5.

I have not passed orders on any other interim applications or on the original order dated 06/12/2019.

( ARUN R. PEDNEKER, J. ) vj gawade/-.

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