Final Order 1

Order Details: Notice of Motion
Pdf Text: ORDER ..1..
MHCC010020872019
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 808 OF 2019
IN
SUIT NO.4677 OF 2010
(HIGH COURT SUIT NO.2912 OF 2010)
Pushparaj Singh S/o. Late. Maharaj Martand Singh of Rewa. ..Applicant.
IN THE MATTER BETWEEN
Chandrashekar Champalal Hingarh. ...Plaintiff.
Versus.
Krishna Narsimha Narsimha Rao Pimple and another. …Defendant.
Appearance :
Adv. Subrodey for plaintiff.
Adv. Vyas for defendant no.3.
CORAM : HIS HONOUR JUDGE
R.R.Patare
COURT NO.2
DATED : 17th November, 2022.
ORAL ORDER
Perused pleading and heard advocate for both parties. This
notice of motion is taken out by the defendant no.3 for condonation of
delay caused for filing written statement. It is stated that defendant no.3
was not served writ of summons. He appeared before the Court when he
came to know about the institution of suit in the month of September
2016. Thereafter suit came to be dismissed for default and again it was
-- 1 of 3 --
ORDER ..2..
restored to its original stage on 01.08.2018. Thereafter this notice of
motion came to be registered on 25.02.2019. From the record it is seen
that there is delay of 195 days for filing written statement from the date
of restoration of suit. The delay caused for filing written statement is
explained on behalf of defendant no.3. The learned advocate appearing
for plaintiff requested to saddle costs for the delay caused for filing
written statement. In such circumstances, following order is passed.
ORDER
1. Notice of Motion No.808 of 2019 is hereby allowed.
2. The delay caused for filing written statement is hereby condoned
and defendant no.3 is permitted to file written statement, subject to
costs of Rs.1,000/- within 14 days from today.
3. The defendant no.3 is directed to deposit costs amount. On
deposit the plaintiff is at liberty to withdraw the said amount.
(R.R.Patare)
Judge
City Civil Court, Gr.Mumbai
Date : 17.11.2022
Typed on : 17.11.2022
HHJ signed on : 17.11.2022
-- 2 of 3 --
ORDER ..3..
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
DATED 17.11.2022 , 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. R.R.Patare
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
17.11.2022
JUDGMENT/ORDER signed by P.O.
on
17.11.2022
JUDGMENT/ORDER uploaded on 17.11.2022
-- 3 of 3 --