Final Order 1

Order Details: Notice of Motion
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IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
NOTICE OF MOTION NO. 181 OF 2019
IN
L.C. SUIT NO. 1950 OF 2015
(CNR MHCC010005042019)
Tiborio Carvalho )...Applicant.
In the matter between
1.Caitan Rozario Carvalho & Ors. )...Plaintiffs.
Versu s
1. Tiborio Carvalho & Ors. )...Defendants.
Appearance:
Ld.Advocate Mr.Glenn A. Lobo for plaintiff.
Ld. Advocate Mr.D.G.Dhanure for defendant no.1.
Ld. Advocate Mr.Dhumale for defendant/BMC.
CORAM: HIS HONOUR JUDGE
SHRI. R.V.KOKARE
DATE : 19/11/2019 (C.R.No.06)
O R D E R
This notice of motion is taken out by the defendant no.1 for
permitting to him for filing written statement and reply by condoning
delay. This notice of motion resisted on behalf of the plaintiffs by filing
their reply. Read the present notice of motion, Reply of the plaintiff
thereon and affidavit of both the parties in support of notice of motion
and reply. Heard both the learned counsels on behalf of the both the
sides at length. Perused the record.
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2. After scrutiny of the pleadings in the present notice of motion of
the defendant no.1, reply of the plaintiff thereon, perused the record,
Heard arguments on behalf of both the sides, it appears that admittedly,
the present suit came to be filed on 27/08/2015. The present notice of
motion came to be filed on behalf of defendant no.1 on 23/08/2018.
Admittedly, there is causing delay for filing this notice of motion for
about 285 days. In the present notice of motion the plaintiff has
submitted that due to illness of his advocate, the defendant no.1 could
not file written statement within time. The defendant no.1 is ready to
contest the matter by attending each and every date. There is no
intention on the part of defendant no.1 for prolonging the matter. On
these grounds, learned advocate on behalf of the defendant no.1 has
requested that by condoning delay, the written statement of defendant
no.1 may kindly be accepted.
3. During argument of learned advocate on behalf of the plaintiffs it
has submitted that the defendant no.1 has not explained day today
explanation about causing of the delay. The reasons given by the
defendant no.1 are not satisfactory. The defendant no.1 has
intentionally not filed his written statement within stipulated period.
The defendant no.1 wants to prolong the matter. On these grounds, the
learned counsel on behalf of the plaintiff has requested that the notice
of motion of the defendant no.1 deserves to be rejected.
4. On perusal of the plaint, it appears that the suit filed by the
plaintiffs in respect of the immovable property. There are four
defendants in the present suit. The other defendants are not filed their
written statements. The defendant no.1 shows the contesting party in
the present suit. Therefore, in order to decide the matter on merit and
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considering the reasons about the illness of advocate, the defendant no.
1 could not file his written statement within stipulated period, it
requires to allow the notice of motion of defendant no.1 by imposing
some costs. If the notice of motion of defendant no.1 is to be allowed,
then it will not cause any injustice on the part of plaintiffs, but matter
may be contested on merits. Hence, I proceed to pass following order.
ORDER
1. Defendant No.1's notice of motion no.181/19 is hereby allowed as
prayed for subject to cost of Rs.1000/.
2. The defendant no.1 is hereby directed to pay the cost of Rs.1000/ to
the D.L.S.A Mumbai.
3. Notice of Motion No. 181/19 is disposed off accordingly.
Date :19/11/2019 (R.V.Kokare)
Judge,
City Civil Court, Gr. Bombay.
Dictated on: 19/11/2019
Transcribed on:20/11/2019
HHJ signed on: 22/11/2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
22/11/2019 Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR
No.06)
Date of Pronouncement of
Judgment/Order
19/11/2019
Judgment/order signed by P.O on 22/11/2019
Judgment/order uploaded on 22/11/2019
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