Bombay High CourtWP/258/2021allowed

Akhtar Khan S/O Saheb Khan v. Shobharani Wd/O Rajendra Nalode And Others

2021-09-22Hon'Ble Shri Justice Avinash G. Gharote2 pages

wp258.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 258/2021 Akhtar Khan Saheb Khan ...Versus...

Shobharani Rajendra Nalode and ors - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri A.M.Quazi, Advocate for petitioner.

Shri Avadhesh Kesari, Advocate for Respondent Nos. 1 to 6 Miss. T. Khan, AGP for Respondent Nos. 7 to 11 CORAM : AVINASH G. GHAROTE, J.

DATE : 22/09/2021 The present petition challenges the order dated 10.12.2019, by which the learned trial court has proceeded with the matter without written statement of the petitioner and the subsequent order dated 07.03.2020, rejecting the application for setting aside the order dated 10.12.2019 and permission to file written statement.

Though Mr. Kesari, learned counsel for the Respondent No. 1 to 6 raises vehement objection to the filing of the written statement, however, in view of the fact that the appearance by the original defendant No.6/petitioner, was put in on 05.10.2019, and the application seeking time to file written statement was granted, adjourning the matter on 10.12.2019, on which date the 'no WS' order has been passed

wp258.21.odt and the fact that the application for setting aside the 'no WS' order and permission to file written statement at Exh.22 was filed on 10.12.2019 accompanied with the written statement, the impugned orders are quashed and set aide and the written statement as filed by the petitioner is directed to be accepted.

The petition is accordingly allowed in aforesaid terms. No order as to costs.

JUDGE rvjalit