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26-WP 6096 of 2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION No. 6096 OF 2022

Dr. Shri Kiran Dadaso Salunkhe

...Petitioner

Vs.

Dr. Shri Anil Dinkar Huddear

and Ors.

...Respondents

* * * *

Mr. Vikas Kolekar i/b. Amruta D. Devkat for Petitioner

Mr. Prajakt M. Arjunwadkar for Respondent No.1

Coram : Sandeep K. Shinde, J.

Dated: 22

^nd August, 2022.

P.C. :

1.

The Learned Second Joint Civil Judge, Senior Division,

Sangli vide order dated 29^th August,2017 below Exhibit ‘41’ in

Special Civil Suit No. 66/2016 set aside 'No WS', order subject to

Defendant No.6- Petitioner, pays cost of Rs.1,000/- to the

Plaintiff. Approximately after ten months, on 8th June, 2018,

Petitioner- Defendant No.6, moved an application, requesting the

Trial Court to permit him to deposit the cost. That application

was rejected vide order dated 8^th June, 2018. Felling aggrieved

thereby, Petitioner – Defendant No.6 has preferred this writ

petition.

VAISHALI

ANIL

TIKAM

Digitally signed

by VAISHALI

ANIL TIKAM

Date:

2022.08.23

10:18:20

+0530

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26-WP 6096 of 2022

2.

Heard Mr. Kolekar, learned counsel for the Petitioner

and Mr. Prajakt Arjunwadkar, learned counsel for the

Respondent- Plaintiff.

3.

Mr. Arjunwadkar has pointed out that the Petitioner

has not sought the relief to set aside the 'No WS' order and the

only challenge before this Court is the order refusing permission

to deposit the cost.

4.

Be that as it may, in consideration of the facts of the

case, I deem it appropriate to permit and allow the Petitioner -

Defendant No.6 to file the written statement within two weeks

from today subject to cost of Rs.10,000/- to be paid to the

Plaintiff by Demand draft. on or before 5th September, 2022. In

case, the Petitioner does not pay the cost and/or present the

written statement within the stipulated period, this order shall

stand recalled without further reference to this Court and in

consequence, petition to stand dismissed.

5.

Writ Petition is disposed of in the aforesaid terms.

(Sandeep K. Shinde, J.)