PRAFULLA S/O NARHAR WAGH AND Vs. GOVIND S/O NARAYAN PIMPALKAR
HIGH COURT OF BOMBAY (AT: NAGPUR)
Prafulla S/O Narhar Wagh And
Govind S/O Narayan Pimpalkar
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(1.) Heard learned counsel for the applicants at length. None appears for the respondent. Admit. Taken up for final hearing pursuant to the order dated 29th March 2017.
(2.) By this revision application, legality and correctness of the order passed on 26.10.2016 below an adjournment application (exhibit 71) by the Civil Judge, Senior Division, Nagpur in Special Civil Suit
No. 850 of 2009 has been questioned.
(3.) Shri Patrikar, learned counsel for the applicants has taken me through the series of applications filed for adjourning the suit by the respondent which are forming part of paper book of this revision
application. These applications are dated 17.6.2016 (exhibit 59), dated 30.8.2016 (exhibit
62), dated 20.9.2016 (exhibit 63D), dated 6.10.2016 (exhibit 65) and dated 21.10.2016 (exhibit 68). All these applications were filed by the respondent for seeking adjournment. First application
(exhibit 59) was filed on the ground of non-availability of the respondent in town as he was on
pilgrimage. Second application (exhibit 62) was filed on the ground that the respondent was
suffering from viral fever. Subsequent applications (exhibits 63D, 65 and 68) were also filed on the
same ground as illness of the respondent. No medical certificates were filed and no effort was made
by respondent to demonstrate that the ground taken in all these applications was genuine. The trial
Court, it appears, was extremely kind to the respondent/plaintiff in allowing all his applications
despite his showing no inclination to support the ground taken by repondent in these applications.
Application (exhibit 63D) was not opposed, but a prayer was made by the applicant for imposing
costs of Rs. 5000/- upon the respondent. The order was passed allowing the said application, by way
of last chance, subject to payment of meagre costs of Rs. 200/-.;
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