Final Order 1

Order Details: Notice of Motion
Pdf Text: NM No.415-2020 ORDER 1
MHCC010010472020
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.415 OF 2020
IN
S.C.SUIT NO.2201 OF 2010
Ganesh S/o. Paneer Devendra … Plaintiffs
Vs.
Ashok Brijlal Suraj and Ors. … Defendants
Appearances:
Ld.Adv.Mr.Karandikar for plaintiff.
Ld.Adv.Mr.Rajan for Defendant no.1.
Ld.Adv.Mr.Kapse for Defendant no.2.
Ld.Adv.Mr. Mangal Kadam for Defendant no.3 and 4.
CORAM : HER HONOUR AD-HOC JUDGE
SMT. C.V. PATIL
(C.R.NO.09)
DATE : 13th October 2021
ORDER
1. This Notice of Motion is filed by plaintiff. He submitted that the
plaintiff have gone to his native place for personal work. Therefore, he
could not attend the trial. On 14/1/2020 matter was kept for recording
evidence, that is cross examination of PW 4. On that day the witness has
attended Court at late because of heavy traffic. However, advocate for
plaintiff was also held up in High Court for mentioning in urgent
matter. Accordingly on that date the matter was called out on board
because of absence ‘ No Evidence’ order was passed against plaintiff.
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NM No.415-2020 ORDER 2
The plaintiff is entitled to lead evidence. Therefore, this Notice of
Motion with request to allow him to lead further evidence.
2. The defendant no.1 contested Notice of Motion by filing reply. He
has mentioned number of grounds that is plaintiff has delaying tactics,
he has also shown other grounds which can be considered only on
merit. Defendant no.1 submitted that the plaintiff, his witness and
advocate were deliberately absent in the court. Therefore, Court has
passed appropriate order. Accordingly, the suit is posted for evidence of
defendants.
3. On 14/1/2020 no one was appeared from the side of plaintiff.
Therefore, right of the plaintiff to lead further evidence was forfeited.
Before that the suit was posted for further evidence of plaintiff. The suit
is old one. Considering nature of the suit the plaintiff would have to
take effective steps so as to proceed with the suit. Considering nature of
suit, relief sought therein, it is desirable to grant one opportunity to the
plaintiff to lead further evidence subject to costs of Rs.500/- to
defendants. Costs will be equally distributed amongst all defendants.
Accordingly, Notice of Motion is made absolute and following order is
passed:
ORDER
1. Notice of Motion No.415 of 2020 is made absolute
subject to costs of Rs.500/- to defendants.
2. The costs be equally distributed amongst all
defendants.
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NM No.415-2020 ORDER 3
3. Notice of Motion No.415 of 2020 stands disposed
of accordingly.
(C.V. PATIL)
Ad-hoc Judge,
Date : 13/10/2021 City Civil Court, Gr. Bombay
Dictated on : 13/10/2021,
Transcribed on : 20/10/2021,
HHJ signed on : 23/10/2021
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Stenographer
23/10/2021 12.55p.m. Mrs.Jyoti Mane
Name of the Judge (With Court Room No.) HHJ Smt. C.V.Patil (CR 09)
Date of Pronouncement of JUDGEMENT
/ORDER
13/10/2021
JUDGEMENT /ORDER signed by P.O. on 23/10/2021
JUDGEMENT /ORDER uploaded on 23/10/2021
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