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Order - Status 5: FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.4848 of 2010 Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders CORAM : D.G. KARNIK, J DATE : 5th July 2010. Mr.R.R.Sonawane for the petitioner. P.C. : Issue notice before admission to the respondents returnable on 9 August 2010. Notice shall indicate that the writ petition may be disposed of finally at the stage of admission itself. In addition to the court service, petitioner shall serve the respondents by private notice and file affidavit of service. Interim relief in terms of prayer clause (b) to be operative till 9 August 2010 only. (D.G. KARNIK, J.)
Order - Status 10: FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.4848 of 2010 Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr.R.R.Sonawane for the petitioners. CORAM : D.G. KARNIK, J DATE : 18th November 2010 P.C. : Office to verify and report service. S.O for four weeks. (D.G. KARNIK, J.)
Order - Status 12: FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.4848 of 2010 Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders None for the petitioner. CORAM : D.G. KARNIK, J DATE : 20thDecember 2010 P.C. : None present for the petitioner when called. Writ Petition is dismissed for non prosecution. (D.G. KARNIK,J.)
Order - Status 17: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 4848 of 2010 Smt. Sumanbai w/d. Of Damu Bodake & ors. ... Petitioners v/s. Manohar Narayan Bodake & anr. ... Respondents Mr. R.R. Sonawane for the petitioners. CORAM:- B.R. GAVAI, J DATED :- APRIL 27, 2011. P.C. Inspite of being duly served with notice for final disposal, none appears for the respondents. Rule, Rule made returnable forthwith. Heard finally. The petitioners by way of present petition challenges the order dated 10th November, 2009 passed by the learned Civil Judge, Junior Division thereby rejecting the application filed by the present petitioner for setting aside no written-statement order. The respondents-plaintiffs have filed suit for partition. The petitioner no. 1 is the wife of deceased brother of the plaintiffs whereas no. 2 and 3 are the children of the petitioner no. 1. Respondents 4 and 5 are the sisters of the plaintiff. The suit summons came to be received by some of the defendants on 7th April, 2008 and by the others on 11th April, 2008. On being summoned the petitioners appeared on 3rd May, 2008 and thereafter from time to time on 26th June, 2008 and 4th July, 2008 file an application for grant of time to file written-statement. The same were granted. On the next date i.e.. 5th August, 2008, the written-statement was filed. However, since it was brought to the notice of the plaintiffs that the written-statement was filed after the period of 90 days, the application was filed on 15th September, 2008 below exhibit 19 for condonation of delay. The same was rejected on 15th October, 2008. As such the present application came to be filed for setting aside no written statement order. The parties are closely related to each other. The suit is for partition. It appears from the record that the applications filed by the present petitioner for adjournment, so as to enable them to file written-statement were granted and as such the written statement was filed beyond the period of 90 days. The delay is of 30 days. The petitioner no. 1 is the widow and no. 2 and 3 are her sons taking education whereas other petitioners are married sisters of the plaintiff who are residing at far away places. Taking into consideration these aspects of the matter and particularly that the learned trial Judge himself has granted adjournment to the petitioners to file written-statement, I am inclined to allow the petition. Rule is, therefore, made absolute in terms of prayer clause (a). (B.R. GAVAI, J)
1) Document Filed: Report
Filed By : Shri. Ananda Maruti Mane
Filed Document - Date of Receiving - 1: 04/08/2010
2) Document Filed: Report
Filed By : S C Shetye & R R Sonawane
Filed Document - Date of Receiving - 2: 31/08/2010
Respondent-1: Manohar Narayan Bodake
Respondent-2: Anr
Petitioner-1: Sumanbai Damu Bodake
Petitioner-2: Ors