RAJESH BABURAO THOOL Vs. BHIWA RATAN BHAGWAT

JUDGEMENT

(1.) Rule. Heard forthwith by consent of parties. Heard Mr A.M. Ghare, learned counsel for petitioners and Mr N.R. Bhishikar, learned counsel for respondent.

(2.) The petition takes exception to the order dated 1.12.2006 passed by the 23rd Jt Civil Judge, Junior Division, Nagpur below application (exhibit 39) in Regular Civil Suit No. 611 of 2005 whereby petitioners' application for setting aside order dated 1.7.2005 to proceed the suit without Written Statement came to be rejected.

(3.) The facts, in brief, are that petitioners are original defendants in Regular Civil Suit No. 611 of 2006 filed by respondent/plaintiff for permanent mandatory injunction and declaration. In the said suit, the respondent-plaintiff filed application at exhibit 5 for grant of temporary injunction, restraining the defendants from disturbing his alleged possession. The suit as well as application (exh. 5) were filed on 27.4.2005. Present petitioners were served with suit summons on 30.5.2005. It is not disputed that the present petitioners filed their reply to the application for temporary injunction on 24.6.2005. The application for grant of temporary injunction subsequently came to be rejected on 31.12.2005.