RAKESH MATADIN JOSHI Vs. LAXMAN BABURAO AAWATE

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard by consent.

(2.) By way of present petitions, the petitioner challenges the orders dated 12th July, 2007, passed by the learned Civil Judge, J.D, Raver in Misc.Civil Application Nos.1/2005 and 2/2005, vide which the applications filed by the present petitioner for restoration of the Regular Civil Suit Nos.115/2001 and 86/2002 came to be rejected.

(3.) The petitioner is a landlord. He had filed aforesaid two suits against the respondent/tenant for eviction on the ground of arrears of rent. Both the suits were fixed on 6th December, 2004. However, due to bonafide mistake under the impression that the said suits were fixed on 7th December, 2004, the petitioner could not remain present on 6th December, 2004 and as such both the suits came to be dismissed on 6th December, 2004. Thereafter, the petitioner has filed the applications for restoration of those suits. The said applications came to be rejected. Hence, the present petitions.