Final Order 1

Order Details: Notice of Motion
Pdf Text: IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 154 OF 2018
(CNR NO.MHCC01-000555-2018)
IN
LONG CAUSE SUIT NO. 661 OF 2017
Rajendra Kumar Vishwanath Vijan …. Plaintiff.
V/s.
Municipal Corporation of
Gr.Mumbai and Others …. Defendants
CORAM : HIS HONOUR JUDGE
SHRI. R. B. PARVEKAR
CITY CIVIL COURT
GR. BOMBAY ( C.R.NO.06)
DATE : 06.08.2024
Adv. Shailendra Pal for the plaintiff.
Defendant No.4 in person.
ORAL ORDER
This Notice of Motion is taken out by the
defendant No.4 for seeking permission to file written
statement on record by condonation of delay. Plaintiff
objected the present notice of motion
2. Read notice of motion and reply filed by plaintiff.
Heard defendant No.4 in person and Ld.Adv.for plaintiff.
3. This is a suit for declaration and injunction. It is
specifically averred that this is defendant No.3 was residing
with defendant No.4 and he was hospitalized from
17.08.2017 to 09.09.2017 till the time of his death. The
photocopy of medical papers are supporting to the contention
of defendant No.4. Photocopy of death certificate of
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defendant No.3 speaks that defendant No.3 expired on
10.09.2017. Apart from this as per record, writ of summons
are duly served on defendant No.4 on 10.08.2017. Present
notice of motion is taken out on 06.01.2018. Admittedly
there is a delay of more than 50 days but being a wife of
deceased defendant No.4 grounds mentioned by plaintiff
found to be just and sufficient. It also appears that there is
no intentional delay on the part of defendant No.4. It is
settled principle of law that equal opportunity should be
granted to both the parties. If defendant No.4 is permitted to
file written statement on record, it will not cause prejudice
to the rights of the plaintiff. On the contrary, suit will be
decided on merit. Hence, it is just and equitable in the eye of
law to permit defendant No.4 to file written statement on
record. From above discussions, I proceed to pass following
order.
ORDER
1. Notice of Motion No.154/2018 is made absolute in
terms of prayer clause (a) and (b).
2. Both the parties to take note of this order.
3. Notice of motion No.154/2018 is disposed off.
(R. B. Parvekar)
Date-06/08/2024 Ad-hoc Judge,City Civil Court,
Gr. Bombay .
Dictated on :06/08/2024
Typed on :08/08/2024
Signed on :
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
08/08/2024 05.30 p.m. ( D.R. Joshi)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Shri. R. B. Parvekar (C.R.No.06)
Date of Pronouncement of
JUDGMENT/ORDER
06/08/2024
JUDGMENT/ORDER signed by
P.O.on
08/08/2024
JUDGMENT/ORDER uploaded on 08/08/2024
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