Date: 17-02-2020
Business: Adv. Ram Pawne for plaintiff is present. He filed Vakalatnama on behalf of plaintiff.
Matter is adjd.for N/M reply to 03/04/2020.
L.O.at 05.00 pm
Adv. Sachin Raje for defendant no.3 is present. He filed registered N/M no. 316/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-10-2020
Date: 22-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: Adv Homane for deft. no.3
None for plff.
Matter is adjd. to 08.04.2021 for reply to NM
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-04-2021
Date: 08-04-2021
Business: Due to SOP only urgent matter are taken up. Hence, the Board is
discharged.
Matter is adjd. to 02.07.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-07-2021
Date: 02-07-2021
Business: Due to COVID-19 pandemic.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-08-2021
Date: 25-08-2021
Business: court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-10-2021
Date: 27-10-2021
Business: None present for both sides.
Matter is adjd. to 17-12-2021 for N/M reply / rej.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: None present for the plaintiff.
Adv Sachin Raje present for the defendant no.3
Matter is adjd. to 22.02.2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-02-2022
Date: 22-02-2022
Business: None present for the parties.
Matter is adjd. to 28-04-2022 NM reply/rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-04-2022
Date: 28-04-2022
Business: None present for the parties.
Matter is adjd. to 04-08-2022
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-08-2022
Date: 04-08-2022
Business: None present for both the parties.
Perusing recorded that it appears that defendant no.3 filed NM No.316/20 for condonation of delay. After giving sufficient opportunities plaintiff failed to file reply. Hence, no reply order passed to the Notice of Motion against plaintiff.
Matter is adjd. to 27.09.2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-09-2022
Date: 27-09-2022
Business: court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-12-2022
Date: 01-12-2022
Business: None present for plaintiff.
Adv. Sachin Raje for defendant no. 3 present
Heard the Ld. Advocate for deft.no 3.
Matter is adjd. to 19.12.2022 for NM hearing and order.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-12-2022
Date: 19-12-2022
Business: None present for the parties.
Order is passed in Notice of Motion No. 316/20.
Heard the advocate for defendants.
No say filed by the plaintiff and challenged the Notice of Motion No. 316/20. The defendants submitted that plaintiff has filed suit for permanent injunction against the defendants. The suit summons duly served to plaintiff on 16.04.2019. The defendant was searching some documents to prepare the written statement and seeking adjournment time to time. She further submitted that she is widow and residing with her minor daughter and there is no means to earning. She was out of station and unable to contact the advocate for preparation of written statement. Therefore, no WS order is passed against her. Due to the above reason she unable to file the written statement and this Notice of Motion no. 316/20 and there is delay for 133 days. She further submitted that the circumstances are beyond her control. The defendant not purposefully delay for filing WS and requested to condone the delay.
Considering, the reason mentioned in the NM though the suit summons served to the defendant but she could not filed written statement within stipulated time and no written statement order is passed against her. The reason mentioned for delay is not denied by the other party. Therefore, why I believe on her statement. Considering nature of the suit, the opportunity is required to be given to the defendant. If the Notice of Motion No. 316/20 is allowed and the WS bring on record it will not harm cause to the plaintiff. It will better to decide the matter on merit required to allowed the Notice of Motion No. 316/20 but some costs must be imposed on the defendants.
Hence, the Notice of Motion No. 316/20 is made absolute subject to cost of Rs. 500/- pay to the plaintiff. After payment of cost the written statement of defendant will be Taken on record.
Nature Of Disposal: ALLOWED
Disposal Date: 19-12-2022
