GAJANAN BABURAO PALAV Vs. SHARAD BUVASHEB PRABHU DESAI

JUDGEMENT

(1.) RULE, made returnable forthwith.

(2.) BY this petition under Article 227 of the Constitution of India, the petitioner challenges order dated 10/6/2008 and three orders dated 2/8/2008 passed by the learned Civil Judge, Junior Division, Bicholim, in Regular Civil Suit no.81/99/B.

(3.) ON 10/4/2008, the plaintiff filed an application seeking to bring legal representatives of Nanasaheb Prabhu Desai (defendant no.11 on record). The said application was opposed on behalf of defendant no.1. However, by order dated 10/6/2008, the trial Judge allowed the said application and directed the plaintiff to amend the cause title which was accordingly done. Thereafter, on 12/4/2008, defendant no.1 filed a detailed application seeking dismissal of the suit as abated on the ground that no application for condonation of delay and setting aside abatement of the suit in view of death of defendant no.11 was filed by the plaintiff. By order dated 2/8/2008, the trial Judge dismissed the said application. The defendant no. 1 filed another application dated 15/7/2008 for correcting the earlier orders and Order dated 10/6/2008. On 2/8/2008 the trial Judge also dismissed the application dated 15/7/2008 as well as earlier application dated 25.3.2008. The petitioner by filing the present petition has challenged order dated 10/6/2008 and the three orders dated 2/8/2008 passed by the trial Judge.