Dismissed

Shri Vilas S/O Krishnarao Muni v. Shri Prakash S/O Krishnarao Muni

Bombay HC7 Feb 2013WP/687/2013

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay, Nagpur Bench, dismissed a writ petition challenging the trial Court's order allowing a respondent to condone delay and restore a defaulted suit. The Court held the trial Court was justified as the notice of transfer was issued but not received.

What did the court decide?

The writ petition is dismissed with no order as to costs.

Shri Vilas S/O Krishnarao Muni Vs Shri Prakash… — Civil Procedure and Limitation | Bombay HC (2013)

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WP687-13

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FARAD CONTINUATION SHEET No . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

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WRIT PETITION NO. 687/2013

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(VILAS KRISHNARAO MUNI VERSUS PRAKASH KRISHNARAO MUNI)

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- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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Ms S.P. Dhotre, counsel for the petitioner.

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CORAM : SMT. VASANTI A. NAIK, J. DATE : FEBRUARY 7, 2013.

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By this petition, the petitioner impugns an order passed by the trial Court on 16.10.2012 allowing an application filed by the respondent for condonation of delay in filing the restoration application.

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It appears, on hearing the learned counsel for the petitioner and on a perusal of the impugned order, that the trial Court was justified in allowing the applications filed by the respondent-plaintiff. The plaintiff had filed the suit for declaration, mandatory injunction and for the recovery of amount. It was the case of the respondent-plaintiff that since the case was transferred from one Court to another, the respondent lost track of the case and was not aware of the transfer. Though the trial Court had issued notice to the plaintiff on 15.01.2009 intimating him about the transfer, the said notice was not served on the plaintiff. The trial Court believed the reason stated by the respondent-plaintiff in the application for condonation of delay and restoration for holding that the respondent did not have knowledge about the fact that

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WP687-13

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the suit was transferred to another Court and also that the suit was dismissed in default. With a view to enable the Court to effectively and completely adjudicate upon all the questions involved in the suit, the trial Court thought that it was fit to allow the application for condonation of delay and also the application for restoration. The approach of the trial Court in deciding the matter appears to be just and proper. There is no reason to interfere with the impugned order in exercise of the writ jurisdiction. The judgment reported in 2007(5) BCR 354 ( Ramchandra Nathu Ghadage & others Versus Rajaram Nathu Ghadage Since deceased by his L.R's & others ) and relied on by the counsel for the petitioner cannot be made applicable to the facts of this case as in the instant case, a notice was indeed issued by the trial Court to the respondent about the transfer of the matter but, the same was not received by the respondent.

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In the result, the writ petition is dismissed with no order as to costs.

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JUDGE

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APTE

Shri Vilas S/O Krishnarao Muni v. Shri Prakash S/O Krishnarao Muni

Case brief

What is this about?

What did the court decide?

Shri Vilas S/O Krishnarao Muni v. Shri Prakash S/O Krishnarao Muni

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Cases cited

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Coram

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