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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (civil) 2360 of 2008

PETITIONER:

Zolba

RESPONDENT:

Keshao and Ors

DATE OF JUDGMENT: 01/04/2008

BENCH:

TARUN CHATTERJEE & HARJIT SINGH BEDI

JUDGMENT:

JUDGMENT

O R D E R

REPORTABLE

CIVIL APPEAL NO 2360 OF 2008

(Arising out of SLP(C) No20062 of 2006

1. Leave granted.

2. In spite of due service, no one has entered

appearance on behalf of the respondents. Even at the

time of hearing of this appeal, the respondents had

failed to appear to contest the appeal.

3. This appeal is directed against the judgment and

order dated 11th of October, 2006 passed by a learned

Judge of the High Court of Judicature at Bombay,

Nagpur Bench in Writ Petition No.4019 of 2006 by

which the learned Judge had dismissed the writ petition

filed by the appellant for condoning the delay of 35

days in filing the written statement in a suit for partition

and separate possession of agricultural land filed by the

respondents.

4. We have heard the learned counsel appearing for

the appellant and also examined the impugned order of

the High Court as well as of the trial court and also the

application for acceptan