MHAH180008972018 R. C. S. No. 328/2018

Rutumbara Thombare & Anr. Vs. Ram @ RamchaND Kulkarni & Ors.

COMMON ORDER BELOW EXHIBIT-27 & 29

The present applications are filed by Defendant no. 1 to condone the delay caused to set aside the ex parte order (Exh. 29) aND to set aside the ex parte order (Exh. 27) passed against him vide order passed below Exh. 1 dated 28/01/2020.

2. The learned advocate for the Plaintiffs filed his reply over the leaf of the application at Exh. 27. He raised no objection to allow the applications.
3. I have heard the learned advocates for both sides aND perused the record.
4. It appears from the record that an 'ex parte order' was passed against Defendant no. 1 vide order below Exh. 1 dated 28/01/2020. As per Defendant no. 1, he couLd. not appear in the present Suit aND filed his written statement as his mental condition was not stable. Hence, he prayed to set aside the 'ex parte order' passed against him vide order below Exh. 1 dated 28/01/2020. On the perusal of the record, it appears that Defendant no. 1 has not filed any medical certificate by which it can be seen that he was not mentally fit since more than 4 years. In the catena of judgments, it is heLd. by the Hon'ble Supreme Court that while dealing with the applications for condonation of delay, delay of each day shouLd. be explained by the applicant. In the present Suit, the applicant neither

Page 2 of 2 R. C. S. No. 328/2018 Common order below Exh. 27 & 29

filed any document to support his contention as to mental illness nor did he sufficiently explain the delay caused to file the application for setting aside the 'ex parte order' passed against him vide order below Exh. 1 dated 28/01/2020. Therefore, I am inclined to condone the huge delay of approximately more than 4 years to condone the delay to set aside the ex parte order passed against Defendant no. 1. Resultantly, the application to set aside the ex parte order passed against Defendant no. 1 (Exh. 27) deserves to be rejected. Hence, I pass the following order.

O R D E R

• 1. The applications (Exh. 27 & 29) are rejected.
• 2. Cost in main cause. (Dictated aND pronounce in the open Court. ) Date: 27/01/2025 Mayursingh D. Gautam 2 ND Jt. Civil Judge (J. D), Rahuri

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References: Case Number - R.C.S./328/2018 | Case Type - R.C.S. | CNR Number - MHAH180008972018 | Complex Name - Rahuri, Civil and Criminal Court | Court Name - 3-shri. A. K. Shinde(incharge)-3rd Jt Civil Judge JD and JMFC | Filing Date - 21-04-2018 | Judge Name - 3-3Rd Jt Civil Judge Jd And Jmfc | List Date - 2025-06-20 | Order Date - 2025-01-27 | Order Number - 2 | Petitioner Advocates - Kulkarni V. B.Unde R. M. | Petitioner Parties - Hrutuambhara Kiran Thombre Advocate - Kulkarni V. B. | Respondent Parties - Ram Narhari Kulkarni Advocate - Unde R. M.2) Sitaram Thakaji Aaghav 3) Gitaram Thakaji Aaghav 4) Suresh Thakaji Aaghav | Status - Evidence