Final Order 1

Order Details: Notice of Motion
Pdf Text: 27.11.2021
27
CORAM : HIS HONOUR JUDGE SHRI. S. T. SOOR
(C. R. No. 2)
SU 97/2016 @
NM 493/2020
Adv P. S. Tiwari for plff present.
Deft present.
Adv Atul Umekar for deft present.
Heard Adv for the plff and deft on Notice of Motion
493/2020. It is for condonation of delay in filing written
statement of the sole deft. In paragraph no. 4 of affidavit in
support of notice of motion, deft stated that on 18/12/2019,
he engaged new Adv and handed over all papers to him.
Present notice of motion is filed in January 2020. Suit is for
possession of flat and declaring the deft as trace passer.
Considering the nature of the suit, matter needs to be
decided on merits by giving fair opportunity the deft to
contest the suit. However the plff belatedly filing the written
statement especially when the plff filed affidavit of his
evidence in the year 2017 and the matter was fixed for cross
examination. Under the facts and circumstance, notice of
motion liable to be allowed subject to cost.
Hence F. R. S. R. following order is passed
Order
1. Notice of Motion 493 of 2020 is allowed subject to
cost of Rs. 15,000/ to be paid to the plff before next
date.
2. After payment of cost, written statement of deft be
taken on record and marked as exhibit.
3. Notice of motion no. 493 of 2020 is disposed of.
Matter stands Adj for Compliance to 11/01/2022.
Judge
-- 1 of 1 --