Balaso @ Suryaji Shivgonda Patil v. Sakharam Ramchandra Chougule (Since Deceased Through His Lrs.) And ORS.

58-wp-8894-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8894 OF 2017 Balaso @ Suryaji Shivgonda Patil .. Petitioner

Versus

Sakharam Ramchandra Chougule (since decd.) through LR's and Ors.

.. Respondents Mr. P.D. Dalvi for petitioner.

CORAM : K.K. TATED, J.

DATE : 25 FEBRUARY 2019.

P.C:- .

Heard learned Counsel for petitioner.

2.

By this writ petition under Article 227 of the Constitution of India, petitioner/original defendant No.10 challenges the order dated 11.04.2017 passed by Civil Judge, Junior Division, Kagal, Dist. Kolhapur below Exhibit-79 in Regular Civil Suit No.51 of 2006 rejecting their application for condonation of delay in filing written statement. There is a delay of more than 10 years.

3.

Considering the submissions made by learned Counsel for the petitioner and the reasons disclosed by the trial Court and S.C.Magar

58-wp-8894-2017.doc the judgment of the Apex Court in the matter of M/S SCG Contracts India Pvt. Ltd. Vs. K.S. Chamankar Infrastructure Pvt. Ltd and Ors. passed in Civil Appeal No. 1638 of 2019, I do not find any reason to entertain the present writ petition. 4.

Hence, writ petition stands rejected.

5.

No order as to costs.

(K.K. TATED, J.) S.C.Magar