Final Order 1

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IN THE COURT OF :COURT 3 ADDL. SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0100426/2018
Mohamed Gulam Roshan Vs 1.Dayaram Dulichand Ahir 2.Nandkishore Dulichand Ahir
Date : 21-06-2018
Business : Adv. Ms Indira Jalgaonkar for plaintiff present. None for
defendant. Heard Ld. Counsel for plaintiff in NM
No.426/2018. By this notice of motion, the defendants are
praying for condonation of delay in filing written statement.
There is delay of 120 days. The plaintiff has not filed reply.
Ld. Counsel for plaintiff submits that she leaves it to the
court. Perused the affidavit filed in support of notice of
motion. It appears that defendants are senior citizens and
they are suffering from various diseases. Therefore they
could not contact their advocate. The averments made in the
affidavit are un-controverted. There is no reason to
disbelieve the cause for delay given in the affidavit.
However, the plaintiff is entitled to cost from the
defendants. Hence notice of motion no. 426/2018 is made
absolute in terms of prayer clause (a) subject to payment of
cost of Rs.2000/- to the plaintiff by next date. If the cost is
paid, the written statement be taken on record.
Nature of Disposal : ALLOWED
Disposal Date : 21-06-2018
COURT 3 ADDL. SESSIONS JUDGE
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