Final Order 1

Order Details: Notice of Motion
Pdf Text: IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0100947/2019
1. Mrs. Razia Aziz Solkar 2. Mrs. Hasina Ismail Vasta 3. Mrs. Rafika Shafi Nadkar Vs 1.
Mr. Rashid Kadir Gadkar 2. Mr. Dilawar Kadir Gadkar 3. Mrs. Rukhsar Arif Shirgaonkar
Date : 23-11-2022
Business : Adv.Jafri for plaintiff present.
None present for defts.
The plaintiff submits that they have already filed handwritten reply in
NM 947/19. Record shows that handwritten reply is already filed by the
plaintiff below the motion.
Adv.of plaintiff filed service affidavit in suit a/w. summons and
acknowledgment cards t.o.r. and marked as Exh.4 colly.
Heard the Ld.Adv.for the plaintiff in NM 947/2019.
KB for argument of deft.No.3.
LO at 05.00 pm
The defendant No.3 remained absent. No argument of defendant No.3
in NM 947/2019.
ORDER IN NM 947/2019
Read the affidavit in support of motion and reply of the plaintiff therein.
It is the contention of this defendant that there is delay of 235 days in
filing the written statement. Defendant No.3 received suit summons on
21.06.2018. It is her contention that she is residing at Dapoli, Ratnagiri.
Her great grand mother-in-law was bed ridden. She is the only
daughter-in-law who was taking care of her. It is her further contention
that she is having two children of four years old. She was unable to file
the written statement within time. This motion has been filed on
11.02.2019. The defendant No.3 was able to engage the advocate and
to represent herself before the Court to file the written statement. She
failed to do the needful within time. However, considering the reasons
stated, I am of the view that, in the interest of justice delay can be
condoned however, it shall be subject to cost, hence, I pass the following
order.
ORDER
1. Notice of Motion No.947/2019 is allowed subject to costs of
Rs.1,000/-.
2. Delay in filing written statement is condoned.
3. Costs shall be paid to the plaintiff on or before next date.
4. Written statement shall be filed on next date without fail.
4. Notice of Motion No.947/2019 is disposed of accordingly.
Judge
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