wp6800.15.J.odt 1/2
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO.6800 OF 2015
Sau. Ramkawardevi w/o Govindlalji Jetha,
Aged 80 years, Occ: Household,
R/o Plot No.L-63, House No.854,
Ward No.42, L.I.G. Colony,
Shantinagar, Nagpur. ....... PETITIONER
...V E R S U S...
Deorao Vithobaji Kokate,
Aged 70 years, Occ: Agriculturist,
R/o Premnagar, Itwari, Nagpur. ....... RESPONDENT
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Shri P.N. Shende, Advocate for Petitioner.
Shri V.S. Mishra, Advocate for Respondent.
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CORAM: R.K. DESHPANDE, J.
rd APRIL, 2017.
DATE: 3
ORAL JUDGMENT
1] Rule, made returnable forthwith. Heard finally by
consent of the learned counsels appearing for the parties. 2] The challenge is to the order dated 24.11.2015 passed by the Trial Court rejecting the M.J.C. No.351 of 2015 for condonation of four months delay caused in filing an application for setting aside ex-parte decree. The Trial Court records the ::: Uploaded on - 07/04/2017 ::: Downloaded on - 08/04/2017 00:47:46 ::: wp6800.15.J.odt 2/2 finding that the applicant/petitioner applied for certified copy on 28.04.2015, but this fact is not stated in the application for condonation of delay. Perusal of the application for condonation of delay shows that the applicant/petitioner applied for certified copy on 28.04.2015, and it was registered as Civil Application No.3497 of 2015. Without adjudicating the question as to whether the petitioner applied for certified copy on 28.04.2015 or 20.08.2015, the application for condonation of delay has been rejected holding that there is suppression of material fact. The Trial Court has neither asked the parties to produce such application nor has adjudicated this question. The order impugned cannot therefore, be sustained.
3] In the result, the writ petition is allowed. The order dated 24.11.2015 passed below Exh.-1 in M.J.C. No.351 of 2015 by the Trial Court is hereby quashed and set aside. The matter is remitted back to the Trial Court to decide the application afresh giving the parties an opportunity to produce on record the relevant documents in support of their claim. No costs.
JUDGE NSN ::: Uploaded on - 07/04/2017 ::: Downloaded on - 08/04/2017 00:47:46 :::