Bombay High CourtWP/127/2016dispossed offdismiss for default

Jagdeo Motiram Baghe v. Gajanan Jagdev Baghe, And Others

2016-12-23Hon'Ble Shri Justice Z.A. Haq1 pages

1 wp127.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.127 OF 2016 (JAGDEO MOTIRAM BAGHE ...VS..GAJANAN JAGDEV BAGHE & 4 OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.V.Amale, Advocate for Petitioner.

CORAM : Z.A.HAQ, J.

DATED : DECEMBER 23, 2016.

The petitioner-defendant has challenged the order passed by the trial Court dismissing the application (Exh.43) by which the defendant sought permission to file additional written statement. Apart from the fact that the petitioner has not been able to point out any patent illegality or infirmity in the impugned order which necessitates interference by this Court in extraordinary jurisdiction, the facts on record show that there are no bonafides on the part of the petitioner in prosecuting the matter. The impugned order was passed on 17th November, 2014, the petition is filed on 31st August, 2015 and for more than 151⁄2 months the petitioner/ defendant has not taken any steps to circulate the matter. The petition is dismissed. No costs.

JUDGE RRaut..