Final Order 1

Order Details: Notice of Motion
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MHCC010020462020
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 748 OF 2020
IN
SUIT NO. 2301 OF 2018
Suresh Krishna Salvankar. .. Plaintiff.
Versus
Santosh Manohar Parab. ..Defendant.
Appearance
Adv. Shrikant Bhilare for the plaintiff.
Adv. S.R. Yadav for the defendant.
CORAM : HIS HONOUR JUDGE
Sunil T. Soor.
(COURT No.: 2)
DATED : 19th March 2021.
ORAL ORDER
Heard both parties on Notice of Motion No.748 of 2020 taken
out by defendant no.1 for condonation of 511 days delay in filing
written statement. Perused the record.
2. Contention of advocate for defendant no.1 is that he received
copy of plaint alongwith notice of motion from the Court but he was not
served with writ of summons. Then mother of defendant no.1 expired
on 11.12.2018. Hence he could not file written statement within time.
Initially suit was pending in Court No.8 as BMC was defendant no.2.
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Then the matter transferred to this Court and defendant appeared on
07.08.2019. He filed reply to plaintiff's notice of motion. Defendant
no.1 was under the impression that he has filed written statement on
the record in the nature of reply to plaintiff's notice of motion.
Defendant no.1 is residing in the suit premises. Suit is relating to
immovable property. Hence no prejudice would cause to the plaintiff if
notice of motion is allowed.
3. Contention of advocate for the plaintiff is that defendant filed
reply to notice of motion and sought time to file his written statement.
Writ of summons is duly served on the defendant no.1. Delay in filing
written statement is not properly explained. Delay in filing written
statement is deliberate and intentional. Hence prayed for dismissal of
notice of motion with costs.
4. Admittedly defendant appeared before the Court and filed reply
to plaintiff's notice of motion. He also engaged advocate. Hence it
cannot be said that writ of summons is not served on defendant no.1.
Admittedly defendant no.1 is filed his written statement on the record
belatedly. It is well settled that matter should be heard on merits by
giving fair opportunities to both parties to substantiate their case.
Hence in the interest of justice, delay in filing written statement can be
condoned subject to some reasonable costs to the plaintiff. In the result,
notice of motion can be allowed with costs. Hence following order .
O R D E R
1. Notice of Motion No. 748/2020 is allowed and made absolute in
terms of prayer clause (a) to (c) subject to costs of Rs.5,000/- to be
paid to the plaintiff before next date.
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2. After payment of costs, written statement of defendant be taken
on record and marked as exhibit.
3. Notice of Motion No. 748/2020 is disposed of.
(Sunil T. Soor)
Judge
Date : 19.03.2021 Gr. Mumbai.
Typed on : 19.03.2021
HHJ signed on : 19.03.2021
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
19.03.2021, 5.30 p.m.
UPLOAD DATE AND TIME Mrs. V. N. Rajgole.
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
H.H.J. Shri. S. T. Soor
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
19.03.2021
JUDGMENT/ORDER signed by P.O.
on
19.03.2021
JUDGMENT/ORDER uploaded on 19.03.2021
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