ANANT BALAJITODKAR Vs. VIJAYA RAMKRISHNA GIRDE

JUDGEMENT

(1.) Writ Petition 4277 of 2004 is filed by decree holders Ananta and others against the respondent Vijaya and her husband ramakrishna challenging the order dated 23-7-2004 passed by 15th Ad-hoc additional District Judge, Nagpur in Misc. Civil Appeal number 118/2004 and misc. Civil Appeal number 168/2004 whereby while dismissing the appeals filed by respondent Vijaya, the said Court has held that determination made in M. J. C. No. 62 of 2001 and confirmed in Misc. Civil Appeal number 118 of 2004 shall be subject to result of Regular Civil Suit No. 1421/1999. Respondent Vijaya also filed a Writ Petition on 16 December, 2004 challenging the very same judgment. Said Writ Petition was found containing certain objections and as the objections were not removed, ultimately office refused registration in it on 8 February, 2005. Thereafter on 23rd February, 2005 Vijaya filed Civil application 1278 of 2005 under section 5 of Indian Limitation Act for condonation of delay in moving application for restoration of rejected Writ Petition back to file. With the consent of parties, both these matters were taken up together as advocate for ananta and others contended that the latter Writ Petition is filed with a oblique motive by Vijaya only to delay the execution. Both the advocates have filed their written notes of arguments in these matters.

(2.) By consent delay in moving M. C. A. for restoration as prayed for vide c. A. 1278/2005 is condoned and M. C. A. (Revn. ) St. No. 4252/2005 is also allowed. Order dated 24-1-2005 refusing registration is hereby set aside. Office to register above M. C. A. as also Rej. W. P. 87/2005 as per procedure.

(3.) Rule made returnable forthwith by consent of parties in both matters.