Final Order 1

Order Details: Other
Pdf Text: Daily Status
IN THE COURT OF :COURT 03 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0100985/2020
Mr. Irwing Harold DCosta and Ors. Vs Mrs. Mayola Mascarenhas and Ors.
Date : 20-08-2024
Business : Adv. Siddhant Mishra for Plaintiff present. Adv. Shivam
Gawde h/f Adv. P. Jagtap for defendant no. 1, 2 and 3 present.
The Ld. Adv. for the defendants have informed the Court that
the defendant no. 1 died and the defendant no. 2 and 3 are only
legal heirs of the defendant no. 1 which are already on record.
The Ld. adv. for the plaintiff has also informed that, the
plaintiff no. 1 died. In view of the same plaintiffs have to take
appropriate steps. Order below Notice of Motion No. 985 of
2020. Perused NM and say, rejoinder and service report. Heard
parties. The defendant has filed present NM to condone the
delay of 20 days in filing Written Statement. It is submitted
that the defendant no. 1 was suffering from cancer and the
defendant no. 2 and 3 were taking care of her. It is further
submitted that, due to which the delay of 20 days is caused in
filing Written Statement. It is also submitted that delay is not
intentional. The defendants want to setup their defence by
filing Written Statement. Hence this motion. The plaintiff has
opposed the NM on the ground that the motion is
misconceived, false, frivolous, vexatious and baseless. The
defendants have not explained the delay properly. Therefore,
the NM needs to be dismissed. The suit is for partition. All the
parties are relatives. In the suit for partition, all the parties are
having status like plaintiff due to their undivided share. Under
such circumstances all the parties should get resolvable
opportunity. In view of the same the NM needs to be allowed
subject to costs. In the result following order is passed.
ORDER 1. Notice of Motion No 985 of 2020 is hereby
allowed subject to costs of Rs. 1,000/- payable to the plaintiff.
2. The delay of 20 days in filing Written Statement is hereby
condoned. 3. The defendants no. 2 and 3 are directed to pay
the costs to the plaintiffs no. 2 and 3 till next date. 4. After
paying the costs, the Written Statement will be taken on
record. 5. Notice of Motion No 985 of 2020 is accordingly
disposed of. Matter stands adjourned on 09-10-2024 for
compliance.
Nature of Disposal : ALLOWED
Disposal Date : 20-08-2024
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