Sandeep S/O Vishwalochan Jaini And Another v. Smt. Godavari Dhote And Others

2026:BHC-NAG:3687 1 43-wp-3501-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 3501 OF 2024 Sandeep S/o. Vishwalochan Jaini and another Vs.

Smt. Godavari Dhote and others ------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------ Shri S. S. Sitani, Advocate for petitioner.

Shri V. P. Mohod, Advocate for respondent no. 1 to 5. CORAM :- M. W. CHANDWANI, J.

DATED :- 27.02.2026 Heard.

2.

The petition challenges the order dated 15.04.2024 passed below Exh.42 by 3rd Jt. Civil Judge Senior Division, Nagpur in Special Civil Suit No. 881/2019, whereby the application filed by the petitioners for setting aside no written statement order has been rejected mainly on the ground that though the petitioners were served but no sufficient cause were shown by them for non-filing the written statement. 3.

Heard learned counsel for the petitioners as well as learned counsel for respondents and having gone through the record. It appears that the petitioners has mentioned the pandemic prevailing in the country as the reason for not filing the written statement.

RR Jaiswal

2 43-wp-3501-24.odt 4.

Needless to mention that the pandemic prevailed till March-2022 and it appears that still there is considerable delay in filing the written statement by the petitioners.

5.

Be that as it may, the fact remains that the suit shall be decided on merits and for technical reasons, substantive justice cannot be denied. To decide the suit, it is necessary to grant permission to the petitioners to file written statement on record. Sofaras, the delay in filing of the written statement is concerned, imposing costs on the petitioners will suffice the purpose. Hence, the following order:- i) The petition is allowed.

ii) The order dated 15.04.2024 passed below Exh.42 by 3rd Jt. Civil Judge Senior Division, Nagpur in Special Civil Suit No. 881/2019 is quashed and set aside. iii) Application (Exh.42) filed by the petitioners is allowed subject to deposit of costs of Rs.10,000/- (Rs. Ten Thousand) with Tirora Bar Association, Dist. Gondia. (M. W. CHANDWANI, J.) Signed by: Mr. Rajnesh Jaiswal Designation: PA To Honourable Judge Date: 05/03/2026 19:09:15 RR Jaiswal