Vijaykant Gulabrao Barge vs Grampanchayat Chinchner Vandan, satara

Order below Exh.01 in Criminal M.A.

No.

697/2023.

The application is disposed of as withdrawn vide pursis at Exh.5.

Sd/xxx Dated : 18.12.2024 I/C 5th Judicial Magistrate F.C.,Satara.

ORDER BELOW EXH.32 IN R.C.S.

26/2023.

Heard both the sides.

Perused application, say and record of the case.

Defendant Nos.5 and 6 have filed this application for granting permission to file written statement on record.

2.

After giving thoughtful considerations to overall circumstances on record, it transpires that, defendant Nos.5 and 6 have failed to file written statement due to they are out of station and personal and family problem, therefore they could not gave information to their learned advocate for that reasons written statement was not filed in prescribed period of limitation.

The application is on affidavit.

However, the reasons cited by defendants would not be sufficient for delay.

However, to decide the suit once for all on merits and to avoid multiplicity of proceedings an opportunity is required to be granted to defendants.

3.

Before parting, I would like to make it clear that, for delayed filing of say the cost is required to be imposed on defendant.

In the result, I pass following order : ORDER 1) Application is allowed, subject to cost of Rs.200/-.

2) On payment of cost, permission to file written statement is granted.

Satara. (S.S.

Dahatonde) Dated : 13.07.2023 5th Joint Civil Judge Junior Division, Satara.

ORDER BELOW EXH.60 IN R.C.S.

389/2018.

Defendant No.1 has filed this application for granting permission to file written statement on record.

After giving thoughtful considerations to overall circumstances on record, it transpires that, defendant No.1 has failed to file written statement due to he is residence of Patoda, Dist. oda, Dist.Beed and busy in harvesting and agriculture work, therefore he could not gave information to his learned advocate for that reasons written statement was not filed in prescribed period of limitation.

However, the reasons cited by defendant would not be sufficient for long standing delay of more than four years.

In the result, I pass following order : ORDER 1) Application is allowed, subject to cost of Rs.2,000/-.

Dahatonde) Dated : 10.07.2023 5th Joint Civil Judge Junior Division, Satara.

ORDER BELOW EXH.39 IN R.C.S.

788/2022.

Defendant Nos.9 and 10 have filed this application for granting permission to file written statement on record.

After giving thoughtful considerations to overall circumstances on record, it transpires that, defendants have failed to file written statement due to burden of businness, therefore they could not gave information to their learned advocate for that reasons written statement was not filed in prescribed period of limitation.

In the result, I pass following order : ORDER 1) Application is allowed, subject to cost of Rs.500/-.

Rs.500/-.

ORDER BELOW EXH.60 IN RCS No.

Defendant No.1 ha filed this application for setting aside, “no written statement” order dated 12/01/2023, passed below Exh.1.

After giving thoughtful considerations to overall circumstances on record, it transpires that, defendant Nos.1 to 4 appeared on 10/10/2022.

As they failed to file written statement, no written statement order is came to be passed on 12/01/2023, below Exh.1.

Defendants have failed to file written statement due to non availablity of necessary documents, therefore they could not gave information to their learned advocate for that reasons written statement was not filed in prescribed period of limitation.

The present application is filed on 03/07/2023.However, the reasons cited by defendant Nos.

1 to 4 would not be sufficient for long standing delayed.

However, to decide the suit once for all on merits and to avoid multiplicity of proceedings an opportunity is required to be granted to defendant Nos.1 to 4.

Before parting, I would like to make it clear that, for delayed filing of written statement the cost is required to be imposed on defendant Nos.

1 to 4.

2) On payment of cost, “no written statement” order dated 12/01/2023, passed below Exh.1 stands set aside.

Dahatonde) Dated : 03.07.2023 5th Joint Civil Judge Junior Division, Satara.

ORDER BELOW EXH.28 IN R.C.S.

693/2022.

Defendant Nos.5 to 7 have filed this application for granting permission to file written statement on record.

2. record.

After giving thoughtful considerations to overall circumstances on record, it transpires that, defendants have failed to file written statement due to old age of defendant No.5, therefore they could not gave information to their learned advocate for that reasons written statement was not filed in prescribed period of limitation.

In the result, I pass following order : ORDER 1) Application is allowed, subject to cost of Rs.300/-.

Dahatonde) Dated : 07.07.2023 5th Joint Civil Judge Junior Division, Satara.

ORDER BELOW EXH.8 IN RCS No.

506/2022.

Defendant has filed this application for setting aside, “Ex-party” order dated 06/01/2023, passed below Exh.1.

After giving thoughtful considerations to overall circumstances on record, it transpires that, summons was duly served to defendant on 1/12/2022.

Inspite that, he failed to appear and contest the suit, Ex-party order is came to be passed on 06/01/2023, below Exh.1.

Defendant has failed to appear due to reason of illness, he was out of station, therefore he could not gave information to his learned advocate.

The present application is filed on 04/05/2023.

However, the reasons cited by defendant would not be sufficient for long standing delayed.

However, to decide the suit once for all on merits and to avoid multiplicity of proceedings an opportunity is required to be granted to defendant.

3. endant.

Before parting, I would like to make it clear that, delay for appearance and filing of written statement the cost is required to be imposed on defendant .

2) On payment of cost, “Ex-party” order dated 06/01/2023, passed below Exh.1 stands set aside.

Dahatonde) Dated : 04.07.2023 5th Joint Civil Judge Junior Division, Satara.

ORDER BELOW EXH.62 IN RCS No.

277/2022.

Defendant Nos.1 to 4 have filed this application for setting aside, “no written statement” order dated 12/01/2023, passed below Exh.1.

Dahatonde) Dated : 03.07. d : 03.07.2023 5th Joint Civil Judge Junior Division, Satara.

ORDER BELOW EXH.62 IN R.C.S.

Defendants have filed this application for granting permission to file written statement on record.

After giving thoughtful considerations to overall circumstances on record, it transpires that, defendant have failed to file written statement due to non availablity of necessary documents, therefore they could not gave information to their learned advocate for that reasons.

However, written statement was not filed in prescribed period of limitation.

However, the reasons cited by defendants would not be sufficient for delay. for delay.

ORDER BELOW EXH.15 IN R.C.S.

55/2023.

Defendant has filed this application for granting permission to file written statement on record.

After giving thoughtful considerations to overall circumstances on record, it transpires that, defendant has failed to file written statement due to non availablity of necessary documents, therefore he could not gave information to his learned advocate for that reasons.

However, the reasons cited by defendant would not be sufficient for delay.

Dahatonde) Dated : 14.06.2023 5th Joint Civil Judge Junior Division, Satara.

480/2022.

Defendant No.2 has filed this application for granting permission to file written statement on record.

After giving thoughtful considerations to overall circumstances on record, it transpires that, defendant no.2 has failed to file written statement due to illness, therefore he could not gave information to his learned advocate for that reasons.

However, the reasons cited by defendant no.

2 would not be sufficient for long standing delayed.

However, to decide the suit once for all on merits and to avoid multiplicity of proceedings an opportunity is required to be granted to defendant no.2.

Before parting, I would like to make it clear that, for delayed filing of say the cost is required to be imposed on defendant no.2.

In the result, I pass following order : ORDER 1) Application is allowed, subject to cost of Rs.100/-.

Dahatonde) Dated : 04.02.2023 5th Joint Civil Judge Junior Division, Satara.

ORDER BELOW EXH.64 IN RCS No.

323/2021.

Defendant no.2 has filed this application for setting aside, “no written statement” order dated 24/03/2022, passed below Exh.1.

After giving thoughtful considerations to overall circumstances on record, it transpires that, defendant no.2 appeared on 02/09/2021.

As he failed to file written statement, no written statement order is came to be passed on 24/03/2022, below Exh.1.

Thereafter, matter posted for hearing of Exh.

5.

Then the present application is filed on 27/06/2022.

The reasons cited for delayed filing of written statement is that, suit is pending for argument below exh.5 as well as defendant is addicted person, therefore he could not gave information to his learned advocate for that reasons written statement was not filed in prescribed period of limitation.

However, the reasons cited by defendant no. endant no.

Before parting, I would like to make it clear that, for delayed filing of written statement the cost is required to be imposed on defendant no.2.

2) On payment of cost, “no written statement” order dated 24/03/2022, passed below Exh.1 stands set aside.

Dahatonde) Dated : 27.06.2022 6th Joint Civil Judge Junior Division, Satara.