Bombay High CourtCAC/29/2015dispossed offdismiss for default

Anandrao S/O Santoshrao Bhongade And Another v. Hifzul Kabir S/O Hifzul Karim And Others

2015-07-21Hon'Ble Shri Justice Z.A. Haq2 pages

1 ca29.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION NO.29 OF 2015 IN CIVIL REVISION APPLICATION STAMP NO.13110 OF 2015 (Anandrao s/o Santoshrao Bhongade and another ..vs.. Hifzul Kabir s/o Hifzul Karim and others) WITH WRIT PETITION NO.4153 OF 2015 (Anandrao s/o Santoshrao Bhongade and another ..vs.. Hifzul Kabir s/o Hifzul Karim and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.M. Ghare, Advocate for the petitioners/applicants, Shri Masood Sharif, Advocate for the respondent/non-applicant No.1, Dr. R.S. Sundaram, Advocate for the respondent/non-applicant Nos.5 & 6(a) to 6(c).

CORAM : Z.A. HAQ, J.

DATED : 21-07-2015 Civil Application No.29 of 2015.

The order which is challenged in this revision has also been challenged in Writ Petition No.4153 of 2015 filed by the same applicants (judgment-debtors). The same order is also challenged in Writ Petition No.3343 of 2015. Considering the fact that the legality of the same order is under consideration in Writ Petition No.3343 of 2015 and Writ Petition No.4153 of 2015, the delay of thirty-two days in filing the civil revision application is condoned and the civil revision application is taken up for hearing on merits.

2 ca29.15 Civil Revision Application Stamp No.13110 of 2015 & Writ Petition No.4153 of 2015.

These matters are filed by the judgment-debtors. For the reasons recorded while deciding the Writ Petition No.3343 of 2015, these two matters are dismissed. The petitioners in Writ Petition No.4153 of 2015 and the applicants in Civil Revision Application Stamp No.13110 of 2015 are same. The petitioners in Writ Petition No.4153 of 2015 shall pay costs of Rs.1,00,000/- (Rupees One Lakh) to the respondent No.1-Hifzul Kabir. The amount of costs shall be paid by demand draft within one month and receipt shall be produced on the record of the executing Court.

JUDGE pma