Hrutuambhara Kiran Thombre versus Ram Narhari Kulkarni - Order No: 3

MHAH180008972018 R. C. S. No. 328/2018 Rutumbara Thombare & Anr. Vs. Ram @ RamchaND Kulkarni & Ors.

ORDER BELOW EXHIBIT-33

Defendant no. 1 filed the present application to condone the delay caused to set aside ex parte order passed against him.

2. I have perused the record aND roznama. It appears from the record that an application of Defendant no. 1 of the same nature was rejected vide order passed below Exh. 29 dated 27/01/2025. Therefore, as the application of Defendant no. 1 to condone the delay caused to set aside the ex parte order passed against him had already been rejected by this court, the application for the same is not maintainable on any grouND before this Court. If a party is allowed to file a freSh. application after rejecting his application for the same relief, then it will be an unending process. Undoubtedly, the learned advocate for the Plaintiff has consented to condone the delay caused by Defendant no. 1 as Defendant no. 1 wants to admit his claim. But merely because the Plaintiff consented to condone the delay caused by Defendant no. 1 as he is the consenting party, the delay cannot be condoned without having merits in the application. Thus, as the application of Defendant no. 1 of the same nature is already decided on merits, I am inclined to reject it on the threshoLd. without calling the say/reply of the other party. Hence, I pass the following order.

O R D E R

• 1. The application is rejected.
• 3. Cost in main cause. Date: 17/02/2024 Mayursingh D. Gautam 2 ND Jt. Civil Judge (J. D), Page 2 of 2 R. C. S. No. Order below Exh.

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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 - 2025-02-17 | Order Number - 3 | 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