Bombay High CourtWP/3017/2014dismissedrule discharged

Dinkar S/O Vishwanath Bhoyar v. Shankar S/O Bapurao Pazare

2016-01-29Hon'Ble Shri Justice Z.A. Haq2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.3017/2014 Dinkar S/o Vishwanath Bhoyar ..Versus..

Shankar S/o Bapurao Pazare - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 29.1.2016 None appeared for the petitioner on 1st December, 2015 and 8th January, 2016. Today also none appears for the petitioner when the matter is called out.

Heard Shri S.C. Bhalerao, advocate for the respondent.

The petitioner - defendant has challenged the order passed by the trial Court rejecting the application filed by him for accepting the written statement on the record after the prescribed period.

The learned trial Judge has aptly considered the facts and has rightly rejected the application filed by the petitioner - defendant recording that there is no justification for

2 wp3017.14 not filing the written statement till the plaintiff has filed his affidavit in lieu of evidence on the record.

The impugned order does not suffer from any illegality or irregularity and there is no error of jurisdiction. I do not see any reason to interfere with the impugned order. The writ petition is dismissed. In the circumstances, the parties to bear their own costs.

JUDGE Tambaskar.