Bombay High CourtWP/4540/2014dispossed offdismiss for default

Smt. Nayantara Devi Thirani D/O Purushottamdasji Mohta And W/O Rajkumar Thirani v. Lalitkumar S/O Purushottamdas Mohta And Others

2017-09-20Hon'Ble Shri Justice S.C. Gupte2 pages

1 wp4540.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4540 OF 2014 (Smt. Nayantara Devi Thirani...VS...Lalitkumar s/o Purushottamdas Mohta 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. A. Gupta, Advocate for Petitioner.

Shri R. L. Khapre, Advocate for Respondent No.2. Miss. N. S. Parate, Advocate for Respondent No.9. CORAM : S.C.GUPTE, J.

DATED : 20 th SEPTEMBER , 2017.

After the matter is heard at some length, it is agreed between learned counsel for both the parties that the writ petition can be disposed of in terms of the following order.

It is, accordingly, ordered as follows - (1) The impugned order passed by Civil Judge Senior Division, Nagpur, is quashed and set aside to the extent it rejects the application (Exh.325). The petitioner's (original defendant No.19) application (Exh.325) is allowed. The amendment will be carried out within a period of two weeks from today.

(2) Respondent No.2 herein (original defendant No.4) shall be entitled to file consequential amendment to his written statement to the counter claim of defendant No.19 within a period of three weeks, thereafter.

2 wp4540.14 (3) The hearing of Regular Civil Suit No.3366 of 2001 pending before Civil Judge Senior Division, Nagpur is expedited. Learned Civil Judge Senior Division, Nagpur, is directed to dispose of the suit as expeditiously as possible and preferably within a period of nine months from today. The petition is disposed of.

JUDGE PBP