SURESH KUMAR KANTILAL PATEL Vs BALKRISHNA LAXMIDAS KOTHARI
Bench: DALVEER BHANDARI,DIPAK MISRA
Case number: C.A. No.-002982-002982 / 2012
Diary number: 8591 / 2012
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 2982 OF 2012
(Arising out of SLP(C) No.9203/2012)
SURESH KUMAR KANTILAL PATEL Appellant(s)
:VERSUS:
BALKRISHNA LAXMIDAS KOTHARI Respondent(s)
O R D E R
1. Leave granted.
2. The Trial Court passed an ex-parte decree
evicting the appellant-tenant. On appeal filed by
the appellant-tenant, the Appellate Court set aside
the ex-parte decree and remanded the matter back to
the Trial Court for fresh consideration. The
respondent- landlord filed a writ petition before
the High Court challenging the order passed by the
Appellate Court by which the ex-parte decree passed
by the Trial Court was set aside the matter was
remanded for fresh consideration.
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3. The High Court vide its order dated 17.1.2012
upheld the order passed by the Appellate Court and
directed the parties to appear before the Trial
Court on 21.2.2012 and also directed that written
statement shall be filed by the appellant-tenant on
21.2.2012.
4. The appellant-tenant failed to file written
statement by the specified date and the Trial Court
ordered the suit to proceed without the written
statement of the appellant-tenant. The appellant-
tenant filed an application for extension of time
before the High Court for filing written statement
which was dismissed. The appellant has thus
approached this Court.
5. We have heard the learned counsel for the
parties and perused the impugned judgment passed by
the High Court as also the judgments passed by the
Courts below.
6. Learned counsel for the appellant-tenant
submits that the written statement were ready for
filing on 24.2.2012. In the peculiar facts and
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circumstances of this case, we are of the considered
view that ends of justice would meet if the delay in
filing the written statement is condoned subject to
payment of costs of Rs.1 lakh by the appellant
within four weeks from today. We direct accordingly.
7. This appeal is disposed of with the
aforementioned observations and directions.
.....................J (DALVEER BHANDARI)
.....................J (DIPAK MISRA)
New Delhi; March 21, 2012.