Advocates:
['VINOD P PATIL', 'KUTTI PRASSANA N', '', 'FOR R/SOEL']

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO.2207 OF 2013

Bhikan Dhudkoo Patil

..Petitioner

Versus

Amrut Dayaram Shinde

..Respondent

.........

Mr.Vinod Patil, advocate for petitioner

Mr.P.N.Kutti, advocate for respondent - sole.

.........

CORAM : R.G.KETKAR, J.

DATE : JULY 25, 2013

PER COURT :

Heard Mr.Vinod Patil, learned counsel for the

petitioner and Mr.P.N.Kutti, learned counsel for

the respondent, at length.

2]

By this petition under Article 227 of the

Constitution of India, the original defendant has

challenged the judgment and order dated 30^th

January, 2013 passed by the IInd Jt. Civil Judge

Senior Division, Jalgaon, below exhibit 19 in

Summary Suit No.1 of 2012. By that order, the

learned trial Judge allowed the application made by

the original defendant and granted leave to defend

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the suit, on condition of deposit of half of the

amount of the total suit claim in the Court within

two months from the date of the order and to file

written statement within said period thereafter.

The learned trial Judge further orde