Naimkhan S/O. Rahimkhan v. Sheikh Nadim S/O. Sheikh Salim

15-WP-1398-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 1398 OF 2025 (Naimkhan s/o Rahimkhan Vs. Sheikh Nadim s/o Sheikh Salim) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. A.M. Tirukh, Counsel for the petitioner.

.....

CORAM : ANIL L. PANSARE, J.

MARCH 17, 2025 Heard.

2] The argument is, the trial Court proceeded to pass order of 'no written statement' against the respondent. Thereafter, the respondent, on three occasions, made an attempt to get rid of that order, but the trial Court refused to set aside the order of 'no written statement'. On the third occasion, the trial Court proceeded to note that the application itself is not maintainable. On the fourth occasion, however, the trial Court has allowed the application by passing one line order, which reads thus :

"Allowed subject to cost of Rs.1500/-"

The argument is, the order has been passed ignoring the earlier order.

3] Issue notice to the respondent returnable on 21/4/2025.

4] In the meantime, there shall be stay to the proceedings being R.C.S. No. 165/2016 pending before the Civil Judge Junior Division, Court No.2, Khamgaon. (ANIL L. PANSARE, J.) Sumit Signed by: Mr. Sumit Agrawal Designation: PA To Honourable Judge Date: 17/03/2025 18:56:56