Disposed

Shri Raosaheb Ramchandra More and Anr. v. Shri Ramchandra Dada More

Bombay HC12 Oct 2004WP/8109/2004

Case brief

AI extract

What is this about?

A single judge Writ Petition where the court directed the receipt of, shailaja sawant vs sayajirao ganpatrao patil and chintaman sukhdeo kaklij vs shivaji bhausaheb gadhe to the trial court to re-decide an application for extension of time for filing a written statement after holding the impugned order ineffective.

What did the court decide?

Impugned order quashed; trial judge directed to decide application afresh.

Shri Raosaheb Ramchandra More and Anr. Vs Shri… — Civil Procedure and Limitation | Bombay HC (2004)

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IN THE HIGH COURT OF JUDIATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.8109 OF 2004

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 Raosaheb Ramchandra More & Anr. .. Petitioners.
 Vs.

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 Ramchandra Dada More .. Respondent.

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 Mr.Hardas i/b Mr.P.N.Joshi for the petitioners.

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CORAM : D.B.BHOSALE, J.

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DATED : 12TH OCTOBER, 2004

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 P.C.:

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 . Mr.Hardas, learned counsel for the
 petitioner.

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 2. This petition is directed against the order
 dated 14.6.2004 by which the learned Judge refused
 to extend the time for filing written statement
 holding that no such extension can be given in view
 of the provisions of Order 8 Rule 1 of Civil
 Procedure Code. It appears that the judgment of
 this court in Shailaja A.Sawant Vs. Sayajirao

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Ganpatrao Patil 2004(2) Mh.L.J.419 which has been
 confirmed by the Division Bench of this court in

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Chintaman Sukhdeo Kaklij and Others Vs. Shivaji
Bhausaheb Gadhe and Others in Writ Petition No.2847
of 2004 was not brought to the notice of the

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 learned Judge. Keeping that in view the learned
 Judge shall decide application - Exhibit-18 afresh

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 by giving an opportunity of being heard to both
 sides in the light of the observations made in the
 aforestated judgments of this court. In view of
 this the order impugned in the present petition
 renders ineffective. The petitioners to

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 communicate this order to the trial court within
 two weeks from today. The petition is disposed of.

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(D.B.Bhosale, J.)

Shri Raosaheb Ramchandra More and Anr. v. Shri Ramchandra Dada More

Case brief

What is this about?

What did the court decide?

Shri Raosaheb Ramchandra More and Anr. v. Shri Ramchandra Dada More

Case brief

What is this about?

What did the court decide?

What the court decided

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