Final Order 2

Order Details: Notice of Motion
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IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.636 OF 2020
IN
S.C.SUIT NO.7457 OF 2005
(CNR NO. MHCC0100-1749-2020)
1. Sudhir Vallabhadas Sonecha ]
(since deceased through his heir & ]
Legal representatives) ]
1 (a) Sudha Sudhir Sonecha & Ors. ].. Applicants
In the matter between
Neeta Tikam Nariani & Anr. ]...Plaintiffs
V/s.
Sudhir Vallabhadas Sonecha & Ors. ]..Defendants
None for plaintiffs.
Advocate Devyani Dhawale h/f Adv. Samir Vaidya for defendant No.1(a)
to 1(c).
CORAM : HIS HONOUR JUDGE
MR. SITARAM N. PATIL
(C.R.NO.09)
DATE : 4th JANUARY 2023
ORAL ORDER
Read the Notice of Motion. Heard the learned Advocate for
the defendant No.1(a) to 1(c). Perused the documents on record.
2. The defendant No.1(a) filed this Notice of Motion for
setting aside “No Written Statement” order passed against her on
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27.11.2019. She further submitted that her mother and sister also
impleaded as a party. The father of the defendant No.1(a) suddenly dies
and the Advocate appearing on behalf of defendant shows an inability
to continue and defend. Therefore, due to reason mentioned above, she
is unable to engage the Advocate and filed written statement within
time.
3. No reply filed by other party after giving sufficient
opportunity.
4. Thereafter, defendant No.1(a) approached to the family
friend and enquired about the proceedings. The defendant No.1(a)
found that “No Written Statement” order passed against her. The
defendant’s Advocate submitted that, if the No Written Statement order
is set aside and the defendant is permitted to file written statement, it
will no harm caused to the plaintiff. On the contrary, the defendant
No.1(b) deprived from filing written statement, it will prejudice to the
right of the defendant. Hence, praying for allow the application.
5. Considering the reason mentioned in the Notice of Motion
and argument advanced by the defendant’s Advocate, it will better to
give opportunity to the defendant to defend the suit by filing the
Written Statement. In this proceeding, if the permission is granted to
file written statement, no harm will be caused to the plaintiff. On the
contrary, it will help to decide this matter on merits. Hence, to avoid
multiplicity of proceeding, I proceed to pass the following order.
ORDER
1. Notice of Motion No.636 of 2020 is allowed,
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subject to cost of Rs.500/- (Rupees Five Hundred
Only).
2. After payment of cost to the plaintiff, the written
statement be read and recorded.
3. Notice of Motion No.636 of 2020 is disposed of
accordingly.
(SITARAM N. PATIL)
Judge,
City Civil Court,
Date: 04.01.2023 Gr. Bombay.
Dictated on : 04.01.2023
Transcribed on : 04.01.2023
Signed on : 05.01.2023
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
05.01.2023 at 12.00 p.m. Mrs. K.S.Bhosale
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court Room
Number)
HHJ MR. SITARAM N. PATIL
(C.R.NO.09)
Date of pronouncement of Judgment/
Order
04.01.2023
Judgment/Order signed by P.O. on 05.01.2023
Judgment/Order uploaded on 05.01.2023
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