Meerabai Alias Kusum Devchand Nagose v. Dnyaneshwar S/O Parasram Bharadkar And Others

2024:BHC-NAG:1669 10wp931-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No.931 of 2024 MEERABAI ALIAS KUSUM DEVCHAND NAGOSE VS DNYANESHWAR S/O PARASRAM BHARADKAR AND OTHERS Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri S.G. Karmarkar, Advocate for the Petitioner/s CORAM : ANIL S. KILOR, J.

DATED : 09.02.2024 1.

Heard.

2.

The order below Exh.84 dated 27.10.2023 passed by the Civil Judge Junior Division, Sindewahi in Regular Civil Suit No.3 of 2016, rejecting the application moved by the petitioner/defendant No.7 for filing an independent written statement, is under challenge in this petition. 3.

The above referred application was at the instance of the original defendant No.7 i.e. the petitioner and it was rejected on the ground that there is no provision under the Code of civil Procedure to grant such permission.

4.

The petitioner even before this Court failed to point out any such provision.

5.

In that view of the matter, I do not find any error committed by the learned trial Court, rejecting the request of the petitioner to grant permission to file the independent written statement, particularly when the petitioner has already filed a joint written nd.thawre

10wp931-24.odt statement with the other defendants. In the circumstances, the writ petition is dismissed.

[ANIL S. KILOR, J.] nd.thawre