Final Order 1

Order Details: Notice of Motion
Pdf Text: Dt.12/03/2019
SU 4495/13
CORAM : H.H.J SHRI. C. V. MARATHE (C.R.NO.08)
Adv. Ms. Neha Pandey for Plff present.
Adv. Mrs. Vyavhare for MCGM/deft No.1 and 2 present.
None for Deft No.3 to 6.
Common order on N/M No.3847/17 and N/M No.508/18
By way of N/M No.3847/17 the defendants No.3 and 4 have
prayed to allow them to file written statement and in N/M
No.508/18 filed subsequently, the plaintiff has prayed to
decree the suit for want of written statement under O.8 R.5 of
CPC.
In N/M No.3847/17 it is contended that initially the said
defendants have taken out objection to the suit by raising
preliminary issue of limitation, the same issue was disposed off
after hearing both parties on 12/7/2017 and therefore these
defendants could not filed written statement. They have also
stated that they preferred Civil Revision Apln. No. (Stamp)
2377/17 in the Hon'ble Bombay High Court against
adjudication of the preliminary issue. In the N/M No.508/18,
the plaintiff has averred that since 2014 these defendants have
failed to file written statement for last 6 years and therefore
they should not be allow to file the same.
After going through the record of the case. The matter
was fixed for hearing on the issue of limitation till 12/7/2017
and thereafter it was fixed for N/M hearing. The matter never
proceeded further and on one or the other ground it was
adjourned. Progress of the suit is not delayed by the act of not
filing of WS by Defts No.3 and 4. From this, it can be said that
no prejudice will be caused to the Plff if N/M No.3847/17 will
be granted. Therefore, N/M No.3847/17 is allowed and made
absolute in terms of prayer clause (a) subject to payment of
cost of Rs. 2,000/ to the plaintiff on or before next date. As
result of this order, N/M No.508/18 cannot be granted and the
same is dismissed.
Adjd to 18/4/2019 for compliance.
Judge
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