Bhaskar Shankarrao Girhe v. Radheshyam Bairulal Khandelwal (Deceased), Thr. Lrs., Dhiraj R. Khandelwal

1 wp1586.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.1586/2019 Bhaskar Shankarrao Girhe ..Vs..

Radheshyam Bairulal Khandelwal - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.V. Deshmukh, Advocate for the petitioner. Shri K.P. Mahalle, Advocate for the respondent. CORAM : Z.A. HAQ, J.

DATED : 28.6.2019.

The petitioner had filed application before trial Court praying that the ex parte judgment and decree passed by the trial Court be set aside. As there was delay in filing the application, petitioner had filed application praying for condonation of delay. By the impugned order, trial Court has dismissed the application filed by the petitioner praying for condonation of delay and consequently, the application filed by the petitioner praying for setting aside ex parte judgment and decree is rejected.

Shri S.V. Deshmukh, Advocate for the petitioner submits that the petitioner will have to file appeal under Order 43 Rule 1 of the Code of Civil Procedure, and seeks permission to withdraw the petition

2 wp1586.19 with liberty to file the appeal. Writ petition is disposed as withdrawn with liberty as prayed for.

The amount of Rs.1,50,000/- deposited by the petitioner with the Registry of this Court be given to the petitioner.

JUDGE Tambaskar.