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2018 Supreme(Bom) 1850

R.D.DHANUKA
BOTANIUM LIMITED, NOW MERGED IN GO AIRLINES (INDIA) LIMITED – Appellant
Versus
BABU RAGHU – Respondent


Advocates:
Advocate Appeared:
P.K. Dhakephalkar, Adv., Jaydeep Deo, Adv.

JUDGMENT :

R.D. DHANUKA, J.

1. By these two writ petitions filed under Article 227 of the Constitution of India, the petitioner (original decree holder) has impugned the order dated 12th June, 2014 passed by the learned Second Joint Civil Judge, Senior Division, Thane, in dismissing the application for condonation of delay in filing Miscellaneous Application No.161 of 2008 filed by the petitioner in Regular Darkhast No.5 of 1995 in Regular Civil Suit No.292 of 1983 and the order dated 12th June, 2014 passed by the same Judge dismissing the application for condonation of delay in filing Miscellaneous Application No.159 of 2008 filed by the petitioner in Regular Darkhast No.40 of 1996 in Regular Civil Suit No.998 of 1988. Though the respondent has been served pursuant to the order dated 2nd July, 2015 passed by this Court intimating that these petitions would be disposed of finally at the stage of admission, the respondents have chosen to remain absent when the matters were called out. No affidavit in reply has been filed. Both the writ petitions were thus heard finally at the admission stage and are being disposed of by a common order. The facts of both these writ petitions being iden























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