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2011 Supreme(Bom) 1490

R.M.SAVANT
Sou Saraswati Gurushantayaa Swami – Appellant
Versus
Sulbha Malappa Chinchole – Respondent


Advocates Appeared:
For the Petitioner:Shrishail Sakhare, Advocate.
For the Respondents: None.

Judgment :

1. In the above Petition the notices came to the issued on 21/3/2011 and the parties were put to notice that the above Petition may be heard and disposed of finally at the admission stage. None appears for the Respondents though served. In view of the narrow controversy that is involved in the above Petition, this Court deems it fit to take up the Petition for final hearing at the admission stage.

2. Hence Rule, returnable forthwith. Heard the learned counsel for the Petitioner Shri Sakhare.

3. The above Petition takes exception to the order dated 30/04/2010 passed by the 10th Joint Civil Judge, Junior Division, Solapur by which order “No Written Statement Order” came to be set aside and the Defendants were permitted to file their written statement on payment of costs of Rs.1000/-.

4. Shron of unnecessary details, a few facts can be stated thus:

The Petitioner herein is the original Plaintiff. He has filed Regular Civil Suit No.502 of 2008 for permanent injunction against the Respondents herein who are the Defendants to the said suit. It appears that pursuant to the summons served upon them, the Defendants appeared through their counsel in the said suit on 24/7/2008 bu





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