1 FARAD CONTINUATION SHEET. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. WRIT PETITION NO.1481/2005 Satish s/o Gopikisan Bang ...Versus... Shri Hanuman Mandir Trust _____________________________________________________ Office Notes, office Memoranda of Coram Court's or Judge's order appearances, Court's orders or directions and Registrar's order. __________________________________________________________________ CORAM: B.P. DHARMADHIKARI, J. DATED : 19.12.2005. 1. Heard Advocate Shri V.Y. Nilawar for petitioner- tenant and Advocate Shri Y.N. Thengre for respondent- landlord. 2. It appears that rent control proceedings were decided ex-parte against the present petitioner on 7.9.1996 and the application for setting aside that ex- parte order was dismissed by the Rent Controller on the ground that he does not possess jurisdiction to set it aside. Order was challenged in appeal and the 2 appellate authority though accepted that Rent Controller could have set aside that order, still on merits found that no case was made out for restoration as the appellant i.e. present petitioner was absent and did not attend the case from 1.4.1994 till 7.9.1996. 3. After hearing both Counsel it is apparent that the application filed by present respondent-landlord was also dismissed thrice by Rent Controller and it was restored back. The petitioner has further pointed out that he was also present on certain dates. As per ordersheet, a finding that he was absent from 1.4.1994 is therefore not correct. The respondent-landlord has not filed any proceedings for eviction of petitioner after securing permission from Rent Controller. Taking overall view of the matter and in the interest of justice, one opportunity is given to petitioner to proceed in the matter subject to payment of cots of Rs.20,000/- to present respondent-landlord within a period of one month from today. If the costs so paid, the petitioner to produce receipt thereof in the office of Rent Controller and Rent Controller shall restore the R.C. No. 726/A-71(2)/85-86 back to its file for its adjudication on 3 merits. As the matter is very old, the Rent Controller shall proceed to decide the case on merits as early as possible and in any case within a period of six months from the date of communication of this order to it. The present petitioner shall not take any adjournments in the matter. Rule made absolute in above terms. No costs. JUDGE SSW