Final Order 1

Order Details: Notice of Motion
Pdf Text: Notice of Motion No.442/2020 ..1.. In S.C. Suit No.226/2019
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY.
NOTICE OF MOTION NO. 442 OF 2020
IN
S.C. SUIT NO. 226 OF 2019
CNR NO : MHCC01-001105-2020
Shri Sudhir Maruti Bole,
Aged : 58 Years, Occu.: Service,
Residing At : Room No. 40,
Rasool Jiwa Chawl, Ground Floor,
Rassol Jiwa Compound, Sane Guruji
Marg, Jacob Circle, Sita Rasta,
Mumbai - 400 011. ...Plaintiff
Versus
1. Shri Sunil Maruti Bole,
Aged : 52 Years, Occu.: Service,
2. Smt. Suyesha Sunil Bole,
Aged : 45 Years, Occu.: Housewife,
Both Residing At : Room No. 220,
2nd Floor, 283, Bhandari Vanjari Circle,
Sane Guruji Marg, Jacob Circle,
Saatrasta, Mumbai - 400 011. ...Defendants
Appearance :-
Mr. S. R. Gupta, Advocate for Plaintiff.
Mr. Gaokar, Advocate for defendants.
CORAM : HIS HONOUR JUDGE
SHRI AJIT N. MARE (C.R.No.3)
DATE : 6TH FEBRUARY, 2021.
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Notice of Motion No.442/2020 ..2.. In S.C. Suit No.226/2019
ORAL ORDER
Perused. Heard.
2. By this notice of motion the defendants have sought to set
aside order dated 09.10.2019 by which the notice of motion is
proceeded without reply of the defendants and have also sought
permission to file reply on the ground that, Defendant No.1 was trying
to settle the dispute with the plaintiff through is two friends. However,
it could not be settled. The plaintiff is his real brother. The dispute is
about only property in the family and if defendants are not allowed to
contest the notice of motion, great prejudice will be caused to him.
3. Notice of Motion is opposed by the plaintiff on the ground
that, the defendant apparently was watching the proceedings without
participating in it. The story of alleged efforts of settlement is false.
Notice of motion is dully served on defendant No. 1, but he did not
choose to file reply and has appeared in the matter only when the
motion was scheduled for passing order.
4. Perused. Heard.
5. Considering the proceedings it is evident that, defendant
No. 1 is sought to be served by R.P.A.D. which is returned as
‘unclaimed’. Relying on the affidavit of service my Predecessor has
proceeded against defendants No. 1 and 2 on 18.06.2019 without their
appearance. Thereafter, the advocate for plaintiff had served the notice
of motion on the defendants. However, none appeared and so on very
next date this Court has proceeded without reply to the notice of
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Notice of Motion No.442/2020 ..3.. In S.C. Suit No.226/2019
motion. Notice of Motion was heard and was adjourned for order when
defendant No. 1 appeared and has taken out the draft notice of motion.
6. Considering the nature of dispute between the parties and
considering the fact that, the plaintiff and defendant No. 1 are brothers
interse, it is in the interest of justice to allow defendant No. 1 to file
reply to the notice of motion, so that it can be decided on merits. No
prejudice will be caused to the plaintiffs. The delay caused by
defendant No. 1 can be compensated in terms of costs. In view of this, I
think it fit to allow the notice of motion with costs. Hence, following
order :-
ORDER
1. Notice of Motion No. 442/2020 is made absolute
in terms of prayer Clause (a) and (b) subject to
costs of Rs.2,000/- payable to the plaintiff.
2. On depositing of costs, the order dated
09.10.2019 stands set aside.
3. The defendant No. 1 shall comply with the order
of depositing costs within 4 weeks from today.
4. Reply to NM No. 2419/19 be taken on record on
depositing of costs.
(AJIT N. MARE)
Judge,
Date : 06.02.2021 City Civil Court, Gr. Mumbai.
Dictated On : 06.02.2021
Transcribed on : 06.02.2021
HHJ Signed on : 09.02.2021
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Notice of Motion No.442/2020 ..4.. In S.C. Suit No.226/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
11.02.2021 10.49 a.m. Mahendrasing D. Patil
(Stenographer (Grade-I)
Name of the Judge H.H.J. SHRI. AJIT. N. MARE
(Court Room No.3)
Date of pronouncement of Order 06.02.2021
Order signed by P. O. on 09.02.2021
Order uploaded on 11.02.2021
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