Final Order 1

Order Details: Notice of Motion
Pdf Text: Page-1
Daily Status
IN THE COURT OF :COURT 1 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0100592/2019
1. Mr. Amol Vijay Malusare 2.Mrs.Priya Amol Malusare Vs Mr. Vijay Mahadev Tamhankar
Date : 04-03-2019
Business : Resumed. Adv. Sandesh Deshpande for plaintiff and Adv. L.
K. Sharma for defendant are present. Adv. Deshpande filed
affidavit in rejoinder to the reply to NM No. 2531/2018. Adv.
Sharma tendered registered NM NO. 592/2019. Heard,
respective advocates on NM No. 592/2019. It appears from
record that there is 40 days delay in filing w.s. In view of ratio
laid down by the Hon&amp#039ble Supreme Court
Vimalkumar vs. Vinodkumar reported in 1999 (1) Mh.L.J 180
Rule 10 of order 8 of C.P.C. gives discretion to the Court and
the Court can permit to file w.s. at any stage prior to
pronouncement of judgment. The suit is for specific
performance of an agreement and therefore, it is just and
proper to allow the defendant to file w.s. in order to decide the
suit on merits. The prejudice the plaintiff may suffer can be
compensated in term of costs. Thus the following order is
passed- ORDER The Notice of Motion no. 592/2019 is made
absolute in terms of prayer clause (a) subject to payment of
costs of Rs. 500/- to the plaintiff within a period of two weeks
from today. Adjd for compliance to 29.03.2019.
Nature of Disposal : ALLOWED
Disposal Date : 04-03-2019
COURT 1 ADDL SESSIONS JUDGE
-- 1 of 1 --