Partly allowed

Pankaj Hirachand Koli v. Hirachand Devichand Koli and Another

Bombay HC22 Apr 2013WP/1664/2013

Case brief

AI extract

What is this about?

High Court quashed an order setting aside the acceptance of a default (No W.S.) in a civil suit over immovable property, allowing the applicant to file the statement while imposing a fine and directing expeditious trial.

What did the court decide?

Impugned order quashed; application for setting aside 'No W.S.' allowed subject to payment of ₹2,000 fine to Respondent No.1 within 3 weeks.

Pankaj Hirachand Koli Vs Hirachand Devichand… — Civil Procedure and Limitation | Bombay HC (2013)

¶1

WP 1664.2013- [J]

¶2

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

¶4

WRIT PETITION NO. 1664 OF 2013

¶5

Pankaj S/o Hirachand Koli Age : 37 Yrs., Occ. : Service, R/o : Mangalmurti Nagar Tq. and Dist. : Parbhani. .... PETITIONER

¶6

V E R S U S

¶7

Hirachand Devichand Koli Age : 89 Yrs., Occ. : Nil., R/o : Mangalmurti Nagar Tq. and Dist. : Parbhani. 2. Divya Pankaj Koli Age : 34 Yrs., Occ. : Household, R/o : Mangalmurti Nagar Tq. and Dist. : Parbhani. .... RESPONDENTS

¶8

Mr. S.S.Jadhavar, Advocate for the Petitioner. Mr. S.N.Kendre, A.G.P. for the respondent. Mr. D.V. Katneshwarkar, Advocate holding for Mr. P.N.Kalani, Advocate for Resp. No. 1.

¶9

CORAM : S.V. GANGAPURWALA, J. DATE OF JUDGMENT: 22/04/2013

WP 1664.2013- [J]

ORAL JUDGMENT :

Rule. Rule made returnable forthwith. With the consent of the

¶14

learned counsel for the respective parties, taken up for final hearing.

¶15

The application filed for setting aside ' No W.S. ' order is

¶16

rejected.

¶17

Heard the learned counsel for the respective parties.

¶18

According to Mr. D.V. Katneshwarkar, the learned counsel for respondent No. 1, the Court has properly considered all the aspects of the matter and has rightly rejected the application. Ample opportunity was granted to the petitioner. The petitioner had appeared on 11/10/2012 and failed to file Written Statement. The ' No W.S. ' order is rightly passed on 07/12/2012. Thereafter also three (3) dates had taken place, but the petitioner did not take appropriate steps. The Court has rightly rejected the application.

¶19

Mr. Jadhavar, the learned counsel for the petitioner submits that the Written Statement could not be filed as the documents were not being received by the defendant.

¶20

3 WP 1664.2013- [J]

¶21

With the assistance of the learned counsel, I have gone through

¶22

the order.

¶23

The summons were served upon the petitioner on 06/10/2012. It is not disputed that now the petitioner has filed the Written Statement. The Suit is in respect of immovable property. The delay is also not much. Considering the reasons given in the application, I am inclined to afford one more opportunity to the petitioner, however, the petitioner also deserves to be mulct with the cost.

¶24

In the result, I pass the following order :

¶25

The impugned order is quashed and set aside.

¶26

The application [ Exh. 19 ] filed on record for setting aside ' No W.S. ' order is allowed subject to payment of cost of ` 2, 000/- [ Rupees

¶27

Two Thousand only ] to the respondent No. 1/plaintiff within the period of three (3) weeks from today i.e. 13/05/2013.

¶28

If the cost is deposited in the trial Court, the respondent No. 1 is entitled to withdraw the same.

¶29

Considering the age of the parties, the trial Court shall endeavour to decide the Suit expeditiously.

¶30

WP 1664.2013- [J]

¶31

¶32

Rule is accordingly made absolute in above terms. No costs.

¶33

[ S.V. GANGAPURWALA, J. ]

¶34

KNP/WP 1664.2013- [J]

Pankaj Hirachand Koli v. Hirachand Devichand Koli and Another

Case brief

What is this about?

What did the court decide?

Pankaj Hirachand Koli v. Hirachand Devichand Koli and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Mahboob Khan Bismillah Khan and Another Vs Sk. Imam Sk. Ali and Another

Sangram Bhanudas Athare and Others Vs Jijabai Dattatraya Mahanor and Others

Uttamrao Wamanrao Sanap and Others Vs the State of Maharashtra and Others

Vishwambhar Gahininath Kale and Ors. Vs Special Recovery Officer, Vasant Dada Nagri Sahakari Bank Ltd. and Anr.

Gorakshanath Laxman Dere and Another Vs Ravi Savleram Dere and Others

Manoj Madhukar Gaikwad Vs Ahmednagar Municipal Corporation