Full Order Text
Final Order 1 · 12 Jul 2018 · CNR MHCC010001492018
Order Details: Other Pdf Text: Daily Status IN THE COURT OF :COURT 3 ADDL. SESSIONS JUDGE Case No. :NOTICE OF MOTION/0100057/2018 Kaushik Sevantilal Shah Vs 1.Rajendra Sevantilal Shah 2.Deepak Sevantilal Shah 3.Mukesh Sevantilal Shah Date : 12-07-2018 Business : Adv. Upadhyay for plaintiff present. Adv. Gowalkar for defendant no.1 present and seeks time to file reply in CS. The plaintiff is directed to serve the proposed legal representative of deceased D-3 in CS no.35/2018. Heard both sides in NM No.57/2018. This notice of motion is moved by the plaintiff for setting aside order dated 13.11.2017 whereby the NM No.802/2016 was dismissed for want of prosecution. It is urged by the Ld. Counsel for plaintiff that he was unable to attend the matter on 13.9.2017 due to his personal difficulty. As against this, the Ld. Counsel for defendant no.1 has urged that there is no cause made out by the plaintiff for the restoration of NM No. 802/2016. After hearing the Ld. counsel for the parties, I find that in the order dated 24.2.2016, this court has recorded the statement of D-1 that he is not going to sell the suit flat. On 7.6.2017 the board was discharged and on 7.7.2017, Court was on leave. On the next date, ie 13.9.2017, there was no appearance on behalf of plaintiff. Hence notice of motion no.802/2016 was dismissed. I find that the absence of the plaintiff and his advocate on 13.9.2017 was not deliberate and plaintiff can be given one more opportunity to argue the notice of motion on merits. Hence notice of motion no.57/2018 has to be allowed. However, the plaintiff is liable to pay the cost to the D-1. Hence notice of motion no.57/2018 is allowed and notice of motion no.802/2016 is restored, subject to payment of cost of Rs.3000/- to D-1 within two weeks, failing which the notice of motion no.57/2018 shall be dismissed. Nature of Disposal : ALLOWED Disposal Date : 12-07-2018 COURT 3 ADDL. SESSIONS JUDGE -- 1 of 1 --