Salinder Kaur Gurmit Singh Narsingi Thr. Power Of Attorney Holder, Ramsingh Darshan Singh Kataroda v. Leeladevi W/O Ramnath Pal

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAW) NO. 2162 OF 2022 IN WRIT PETITION NO. 6041 OF 2022 Smt. Salinder Kaur Gurmit Singh Narsingi Vs.

Smt. Leeladevi w/o Ramnath Pal and Ors.

---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Mr. J.J. Chandurkar, Advocate for petitioner. Mr. H.N. Bhongde, Advocate for respondent No.1. CORAM :

VINAY JOSHI, J.

DATE :

07.12.2022.

This application is taken out by petitioner seeking to amend the petition along with permission to file certain documents. Yet, notice has not been issued rather, today the matter is coming for first time. In view of that, the application is allowed. 2.

Amendment be carried out forthwith.

3.

The petitioner undertakes to supply amended copy to other side.

4.

The civil application stands disposed of.

2 / 3 6.wp6041.2022 Writ Petition No.6041/2022 Heard.

2.

The petitioner is defendant No.1 in Regular Civil Suit No.2351/2012, filed by respondent No.1 for possession. The said suit was stated to be decided exparte by which possession decree has been passed. The petitioner has applied for setting aside the exparte decree in terms of Order 9 Rule 13 of the Code of Civil Procedure, 1908, along with delay condonation application. The said delay application was rejected by the trial Court vide dated 02.12.2016, meaning thereby application under Order 9 Rule 13 was also disposed of.

3.

Being aggrieved, the petitioner (defendant No.1) has also resorted another remedy of filing miscellaneous appeal to set aside exparte decree, which is still pending.

4.

The petitioner has challenged the order of rejection to condone the delay application under Order 9 Rule 13 has been challenged in MCA No.306/2016, which has been dismissed vide order dated 29.07.2022, which is the subject matter of this petition.

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The petitioner prays for grant of interim relief to protect his possession.

6.

Mr. Bhongade, learned counsel appeared on caveat for respondent No.1 and seeks time to file reply.

7.

It is brought to the notice that this Court in Writ Petition No.981/2019 vide order dated 12.04.2022, has stayed execution till disposal of MCA No.306/2016, in fact the decision of MCA No.306/2016 is impugned herein.

8.

In view of above, there shall be stay to the execution till next date.

9.

Issue notice for final disposal, returnable on 21.12.2022.

JUDGE Signed By:PRITY S GABHANE Reason:

Location: