Petitioners challenged a trial court order accepting a defendant's request to file a written statement. The High Court dismissed the writ petition citing laches due to delay and finding no merit in the challenge.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 WP 8795/2018
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
WRIT PETITION NO. 8795 of 2018
VERSUS
Kisan S/o Chokhoba Gaikwad, age 71 years occupation agriculture R/o Budh Nagar, Manwat District Parbhani ...Respondent
Mr Pravin N. Kalani, Advocate for petitioners.
CORAM : SUNIL P. DESHMUKH, J.
DATE : 7th August, 2018
ORDER :
Division), Manwat, in regular civil suit No. 60 of 2012, petitioner, who is original plaintiff, is before this court. Under impugned order
2 WP 8795/2018
request of defendant to file written statement came to be accepted in the peculiar facts involved in the case that while defendant had filed say to application for temporary injunction he had been under impression that no further separate written statement would be required to be filed. Further proceedings also went on, on that footing. Accordingly, issues came to be framed. In fact, plaintiff as well proceeded without objecting to framing of issues, presumably under impression that technicality of filing separate written statement may not be necessary. Since there is no separate written statement on record, application Exhibit - 48 had been moved by defendant for filing separate written statement by way of precaution in order that technicality shall not impede progress further in future, and the same came to be accepted.
3 WP 8795/2018
lapse between order impugned and institution of the writ petition. In the circumstances, the writ petition also suffers laches.
( SUNIL P. DESHMUKH ) JUDGE.
Madkar
3 issues framed by the court
Whether the writ petition is maintainable in view of the laches caused by the delay in its institution.
Whether the impugned order of the trial court accepting a request to file a written statement is legally sustainable.
Whether the writ petition deserves to be dismissed as lacking any substance.
Vaijnath S/o Sambnaik Gajre
Gangadhar S/o Sambnaik Gajre
Kisan S/o Chokhoba Gaikwad
Sunil P. Deshmukh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
