Date: 28-03-2019
Business: Adv. Ms. Jamurdekar for Plff present and tendered original N/M No.1114/19 alongwith affidavit.
Adv. Mrs. Vyavhare for MCGM/deft present.
Reply is already filed.
Adjd to 7/6/2019 for N/M hearing.
Next Purpose: NM REST0STORATION OF SUIT
Next Hearing Date: 07-06-2019
Date: 07-06-2019
Business: Adv. Bharat Satra for plaintiff 1 present.
Adv. Khandagle for Def. MCGM present.
Order on NM No. 1114/2019
Perused contents, reply filed to the NM and heard both sides. Ld. Adv. for plaintiff submits that the plaintiff, a poor person, had to arrange money to continue this litigation and for that purpose he had gone to his native place to sell his property when the matter was dismissed in default. He further points out that father of the plaintiff expired just before few months and the plaintiff was in sudden grief and left alone with full responsibility of the family.
The defendant has objected the NM on the ground that the plaintiff did not appear before the Court for more than one year and the suit was rightly dismissed in default.
Contents of NM are supported by affidavit therefore, there is no reason to disbelieve the grounds mentioned in the said NM. For deciding the suit on merits by giving full opportunity to both sides and taking into account the story in the NM, NM is allowed subject to costs of Rs. 500/- payable to defendant MCGM on or before next date. After payment of cost within prescribed time, the suit shall be restored to its earlier stage.
Adjd to 17.07.2019 for compliance.
Nature Of Disposal: ALLOWED
Disposal Date: 07-06-2019