1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3344 OF 2010 Gowardhan Maroti Rinayat -: VERSUS :- Gulabrao Ratiram Katre Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : OCTOBER 06, 2010. Heard Shri I.N. Choudhari, learned Counsel for petitioner and Shri N.R. Bhishikar, learned Counsel for the respondent. Respondent filed a suit claiming declaration of title in the year 2008 against the present petitioner on the basis of a Will. The petitioner also claimed title in himself on the basis of Will from the very same testator. That suit was dismissed in default. M.J.C. filed for it’s restoration vide M.J.C. No.2/2008 was also dismissed in default. Respondent then filed M.J.C. No.11/2008 for restoration of M.J.C. 2 No.2/2008. In that M.J.C. evidence was recorded and the Trial Court on 14.01.2009 dismissed it. The respondent then challenged the said dismissal in Appeal under Order 43 Rule 1[c] of the Code of Civil Procedure. That appeal registered as M.C.A. No. 7/2009 has been allowed by the District Judge- I, Gondia on 22.01.2010. The said order of the District Court restores M.J.C. No.11/2008 subject to payment of costs of Rs. 500/-, however, it is apparent that if M.J.C. No.11/2008 is allowed, M.J.C. No. 2/2008 stands restored. Shri Choudhari, learned Counsel has contended that the suit was dismissed on 18.01.2008 and then M.J.C. No.2/2008 was dismissed on 10.06.2008. Medical certificate of Dr. Anand Lanje dated 24.06.2008 is about inability to do his daily work by the respondent from 01.03.2008. The respondent however, appeared in Criminal Case No. 77/2002 in the Court of J.M.F.C. Tiroda on 03.04.2008. The said certificate is therefore, falsified. He has further argued that the alleged certificate issued by the Doctors at Nagpur (Imaging Point) was never produced before the trial Court. Shri Bhishikar, learned Counsel points out that though said certificate was not produced, in application reference to Imaging Point was specifically made and evidence was accordingly adduced. Dr. Lanje, was actually 3 examined. He further states that as Criminal Case was at Tiroda only, respondent appeared therein as he was accused. The appellate Court has looked into the relevant material produced by the parties on record. What is restored is M.J.C.No.2/2008 and not the suit. I do not find any jurisdictional error. Writ Petition is therefore, rejected. No costs. JUDGE Rgd.