Bombay High CourtCAW/46/2020admittedallwdgrantedrule absolute

Sau. Sujata W/O Jaywant Kawalkar v. Honble 3rd Joint Civil Judge, Junior Division, Nagpur And Others

2020-01-29Hon'Ble Shri Justice Z.A. Haq,Hon'Ble Shri Justice S.M. Modak2 pages

1 caw46.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAW) NO. 46 OF 2020 AND LETTER O.W.NO. 03 OF 2020 IN WRIT PETITION NO.4309 OF 2014(D) (SAU. SUJATA W/O. JAYWANT KAWALKAR..VS.. HON.3RD JT. CIVIL JUDGE JD. NAGPUR & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Sachin Satarpawar, Advocate for Petitioner. CORAM : Z.A.HAQ AND S.M.MODAK, JJ.

DATED : JANUARY 29, 2020.

Seen the letter dated 1st January 2020 sent by learned trial Judge.

Accepting the explanation given in the letter, time to decide the civil suit is extended till 27th April 2020. The Civil Application is disposed accordingly. The learned Advocate for the original plaintiff has pointed out certain orders passed by the trial Court and has submitted that the defendants are protracting the matter. In the communication dated 16th February 2019, the conduct of the defendants and their Advocate is also noted by the learned trial Judge. In the order dated 16th January 2020 passed by the learned trial Judge it is recorded that according to the defendants the proceedings before the learned trial Judge are void after the period stipulated by the Court for deciding the civil suit expired.

2 caw46.20 Though none appears for the original defendants, relying on the contents of the letter dated 1st January 2020 and the letter dated 16th February 2019 sent by the learned trial Judge and after noting the contents of the order passed by the learned trial Judge on 16th January 2020, we deprecate the conduct of the defendants.

It is directed that the trial Court shall take up the matter on day to day basis and if the defendants continue with such conduct, the trial Court should impose exemplary costs, may be, Rupees One Thousand per day for each adjournment sought by the defendants.

JUDGE JUDGE RRaut..