Final Order 1

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IN THE COURT OF :COURT 09 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0100959/2019
Sunita Vinayak Achrekar Vs Rohini Ramesh Agare And Ors
Date : 20-06-2025
Business : Adv. Hegde present for plaintiff. Adv. Kokitkar present for
defendant Nos. 1 to 3. Defendant No. 5 present and filed reply
to NM 959/2019. Order on Notice of Motion No. 959 of 2019
Adv. for applicant/plaintiff submitted that as plaintiff was
suffering from illness. Hence, he could not appear and suit was
dismissed for want of prosecution. Therefore, requested that in
the interest of justice an opportunity be granted to contest the
suit. It is further mentioned that applicant is a senior citizen
and huge loss will be cause if suit is not restore to the file. The
Notice of Motion, Medical Certificate and related dcoumetns
are filed on record. It is further informed that in the suit, the
defendant Nos. 1 3 were proceeded without reply, hence,
prayed to set aside the order and suit be restored to file. Adv.
for defendant Nos. 1 to 3 submitted that say is filed on record
and no grounds are made out, hence, prayed for dismissal of
the notice of motion. The defendant Nos. 4 to 8 filed affidavit
of reply and supported the case of applicant and mentioned
that due to sickness, plaintiff was absent, hence, the suit is
dismissed. I have gone through record. Perused the roznama.
Record shows that the suit was dismissed by an order dated
30.10.2018 and on 26.02.2019 the present notice of motion is
filed. Considering the facts, there is delay of 130 days and
plaintiff is interested to proceed with the matter. Suit is of the
year 2019 and due to fault on the part of plaintiff, it dragged
till this date. Therefore, naturally the defendant Nos. 1 to 3
needs to be compensated for the same. This Court is of the
view that sufficient grounds are made out to set aside the
order. Hence, I proceed to pass the following order- Order 1.
The Order dated 30.10.2018 is set aside subject to cost of Rs.
3000/- to be paid to the defendant Nos. 1 to 3 jointly. 2. On
depositing cost, Suit No. 3243/2013 be restored to file. 3.
Plaintiff is directed to proceed with the suit. Matter is
adjourned to 25.07.2025 for Compliance
Nature of Disposal : ALLOWED
Disposal Date : 20-06-2025
COURT 09 ADDL SESSIONS JUDGE
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