Homdeo Raghunath Gawhare vs Ramdas Raghunath Gawhare Advocate - V.G.Chilange — 6/2022

Case Summary: Homdeo Raghunath Gawhare v. Ramdas Raghunath Gawhare & Jivandas Raghunath Gawhare (Civil Suit 6/2022) Outcome: The court allowed the defendants' application to set aside the "no written statement" order and granted permission to file their written statement on record, subject to payment of Rs. 300 cost to the plaintiff. Key Facts: The plaintiff sought declaration of cancellation of a relinquishment deed and permanent prohibitory injunction. Defendants failed to file their written statement within 30 days of receiving summons (March 16, 2022), resulting in a no written statement order on January 18, 2023. They attributed the delay to unavailability of necessary documents and their earlier advocate's negligence. Reasoning: The court found sufficient cause for the delay, noting that litigants should not suffer due to advocates' acts and that courts liberally construe delays in filing written statements. Since defendants submitted their written statement with the application showing bonafide intention to contest, and granting permission would not prejudice the plaintiff, the court allowed the application in the interest of justice. This case analysis is maintained by casestatus.in based on publicly available court records.