Research › Search › Judgment

Bombay High Court · body

2018 DAILYLAW 3630 (BOM)

SHRI. NARENDRA RAMCHANDRA PASALKAR AND ORS. v. SHRI. SAGAR ISHWARDAS CHORDIA AND ORS.

WP/1715/2018 · 2026-09-02

body2018

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Megha 21_wp_1715_2018 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1715 OF 2018 Narendra Ramchandra Pasalkar and Ors. ...Petitioners V/s. Sagar Ishwardas Chordia and Ors. ...Respondents ________________ Mr. Sudhir V. Sadavarte for the Petitioners. ________________ CORAM: SANDEEP V. MARNE, J. DATED: 2 SEPTEMBER 2026. P.C.: 1) The Petition is filed challenging order dated 6 October 2017 passed by the 5th Additional Judge, Small Causes Court, and Civil Judge, Senior Division, Pune, rejecting the Application at Exhibit-101 filed by Defendant Nos.5, 6, 11 and 15 to 29 for setting aside ‘no W.S.’ order. 2) I have heard Mr. Sadavarte, the learned counsel appearing for the Petitioners. None has appeared on behalf of the Respondent Nos.1 and 2, who are the original Plaintiffs, despite being duly served. 3) Mr. Sadavarte invites attention of the Court to order dated 20 January 2021 by which proceedings of Special Civil Suit No.120 of 2009 Page No. 1 of 2 2 September 2026 2026:BHC-AS:36195 Megha 21_wp_1715_2018 have been stayed. The Suit itself has not proceeded for some other reason. In that circumstances, no prejudice would be caused to the Plaintiffs if Defendant Nos.5, 6, 11 and 15 to 29 are permitted to file the written statement. 4) The Petition accordingly succeeds. Order dated 6 October 2017 of ‘no W.S.’ passed qua Defendant Nos.5, 6, 11 and 15 to 29 is set aside and they are permitted to file written statement in Special Civil Suit No.120 of 2009 within a period of eight weeks. 5) Writ Petition is allowed and disposed of in above terms. There shall be no order as to costs. [SANDEEP V. MARNE, J.] Page No. 2 of 2 2 September 2026 Signed by: Megha S. Parab Designation: PA To Honourable Judge Date: 03/09/2026 15:51:47