Final Order 1

Order Details: Notice of Motion
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IN THE COURT OF :COURT 01 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0100831/2020
Mukesh Rochiram Jagwani and Anr. Vs Mr. Dinesh Laxman Patil and Ors.
Date : 24092021
Business : Adv. Tambade for plaintiff is present. None for
defendant. Order below NM No. 831/2020 Perused
the notice of motion which is supported by an
affidavit of defendant no.2 Ulhas Anerao. Also
perused the reply and affidavit by plaintiff. Heard. I
have also perused the order dtd. 04.03.2021
wherein defendant no.1 was permitted to file
written statement. It is submitted that the
defendant no.2 is having good case to contest suit
on merits. Genuine reasons are mentioned for not
filing written statement within the statutory period.
It is a matter of record that written statement is also
filed along with the notice of motion. Thus for
giving fair opportunity to defendant no.2 to contest
the suit on merits, in my opinion subject to the
same condition imposed on defendant no.1 this
notice of motion can be allowed. ORDER Notice of
Motion No. 831/2020 is allowed and made absolute
interms of prayer clause (a) subject to costs of
Rs.5000/ to be paid within two weeks to the
plaintiff. After payment of cost, written statement
be taken on record. Notice of Motion is allowed and
disposed of accordingly. Order below NM
No.4811/18 Perused the notice of motion. Today
the Ld. Adv.for the plaintiff has not pressed the
Notice of Motion No. 4811/18 by making an
endorsement on it. Hence, Notice of Motion No.
4811/18 is disposed of as withdrawn.
Nature of Disposal : ALLOWED
Disposal Date : 24092021
COURT 01 ADDL SESSIONS JUDGE
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