Final Order 1

Order Details: Notice of Motion
Pdf Text: Dt.07/06/2019
SU 786/15
(Disposed off)
CORAM : H.H.J SHRI. C. V. MARATHE (C.R.NO.08)
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.
Judge
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