Shri. Diwakar S/O Natthuji Gudhe vs Shri. Laxman S/O Gulabrao Bobade ...
2023 Latest Caselaw 250 Bom

Citation : 2023 Latest Caselaw 250 Bom
Judgement Date : 7 January, 2023

Bombay High Court

Shri. Diwakar S/O Natthuji Gudhe vs Shri. Laxman S/O Gulabrao Bobade ... on 7 January, 2023

Bench: Avinash G. Gharote

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       NAGPUR BENCH, NAGPUR

                                      Writ Petition No.146/2023
                                    Diwakar V Laxman and another
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                     Court's or Judge's Orders
or directions and Registrar's orders.
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               Mr. D.R. Bhoyar, Adv. for petitioner.

                                        CORAM : AVINASH G GHAROTE, J.

DATE : 07-01-2023

Heard Mr. Bhoyar, learned Counsel for the petitioner.

2. The petition questions the dismissal of MJC No. 6/2018 and seeking restoration of RCS No.112/15 which came to be dismissed for want of prosecution on 29-11-17 on account of rejection of the application at Exh 22 filed by the plaintiff/petitioner for grant of an adjournment. The application for restoration of MJC 6/2018 under Order 9 Rule 9 of the CPC. was filed on 8-01-2018, however, came to be dismissed on 26-2-2020. The appeal being MCA No.7/21 has been dismissed by the judgment dated 17-09-22 holding that there was no sufficient cause shown by the plaintiff for his absence and so also for the delay from 29-11-17 to 08-01-18.

3. Mr Bhoyar, learned counsel for the petitioner states that though there was some laxity on the part of the petitioner and if any inconvenience caused to the

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defendants, the same may be compensated for which the petitioner/plaintiff volunteers to pay an amount of Rs.5000/-.

4. The order sheet placed on record demonstrates that after the transfer of the suit, the petitioner/plaintiff was absent only on two occasions i.e. on 20-11-17 and 24-11-17 (pg 101), considering which, issue notice for final disposal, returnable on 31-01-2023.

JUDGE Deshmukh