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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.1839 OF 2016
1) Haji Razzaque Haji Musa,
Aged about 65 years, Occ.- Business,
C/o Fine Cutpiece & Collection,
Main Road, Khamgaon, Tq. Khamgaon,
District Buldana.
2) Mohammad Amin Haji Gaffar,
Aged 61 years, Occ. - Business,
3) Mohammad Anis Haji Gaffar,
Aged 55 years, Occ. - Business,
Nos. 2 & 3 R/o Tilak Maidan,
Khamgaon, Tq. Khamgaon, District
Buldana.
4) Mohammad Idaris Haji Gaffar,
Aged 52 years, Occ. - Business,
R/o Zia Colony, Khamgaon,
Tq. Khamgaon, District Buldana.
5) Mohammad Hanif Haji Gaffar,
Aged 53 years, Occ.- Business,
R/o Hanif Kirana, Jagdamba Road,
Khamgaon, Tq. Khamgaon, District
Buldana. .... PETITIONERS
VERSUS
Mohammad Yunus Haji Gaffar,
Aged about 47 years,
Occupation - Business,
R/o Jalalpura, Khamgaon, Tq. Khamgaon,
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District - Buldana .... RESPONDENT
______________________________________________________________
Shri R.N. Ghuge, Advocate for the petitioners,
Ms. Deepali Sapkal, Advocate h/f. Shri Anil S. Kilor, Advocate for the
respondent.
______________________________________________________________
CORAM : Z.A. HAQ, J.
DATED : 3 APRIL, 2017.
rd ORAL JUDGMENT :
Heard Shri R.N. Ghuge, Advocate for the petitioners and Ms. Deepali Sapkal, Advocate holding for Shri Anil S. Kilor, Advocate for the respondent.
2. Rule. Rule made returnable forthwith.
3. The original defendants have approached this Court against the order passed by the trial Court rejecting the application (Exhibit No.12-A) filed by them praying that their written statement be taken on record. The application is rejected on the ground that earlier also application filed by the defendants seeking adjournment to file written statement was rejected and that the written statement is not filed within stipulated time. The facts recorded in the impugned ::: Uploaded on - 12/04/2017 ::: Downloaded on - 27/08/2017 22:00:13 ::: 3 wp1839.16 order show that the suit summons were served on the defendants on 24-02-2014 and the written statement alongwith the application (Exhibit No.12-A) was filed on 10-10-2014, thus there is delay in filing the written statement, however, considering the nature of dispute between the parties and the explanation given by the defendants, in my view, the interests of justice would be served by passing the following order :
(i) The impugned order is set aside.
(ii) The application (Exhibit No.12-A) is allowed.
(iii) The defendants are permitted to place on record the written statement.
Rule made absolute in the above terms. The petitioners/defendants shall pay costs quantified at Rs.5,000/- to the respondent/plaintiff, within one month. If the receipt showing payment of costs is not produced on the record of the trial Court within one month, this order shall stand recalled and the trial Court shall proceed with the suit without written statement of the defendants.
JUDGE adgokar ::: Uploaded on - 12/04/2017 ::: Downloaded on - 27/08/2017 22:00:13 :::