Interim Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 4834/22 in S.C.Suit No. 1082/2020. 1 Order.
MHCC010140902022
Presented on : 22-12-2022
Registered on : 22-12-2022
Decided on : 13-04-2023
Duration : 0 years, 3 months, 22 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 4834 OF 2022
IN
S. C. SUIT NO. 1082 OF 2020
Parshuram Atmaram Kadam and one )...Plaintiffs
Versus
Atmaram Dhondu Kadam )...Defendant
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.66).
DATE : 13th APRIL, 2023.
Smt. Shaheen Imtiyaz h/f Omar Khaiyam Shaikh, Advocate for the
defendant.
Shri Jash Vyas, Advocate for the plaintiffs.
ORDER
1. The defendant has taken out the notice of motion for
condoning delay of 227 days in filing written statement. Perused notice
of motion and say filed by the plaintiff at the backside of the notice of
motion. Heard learned counsel Smt. Shaheen Imtiyaz for the defendant
and learned counsel Shri Jash Vyas for the plaintiffs.
-- 1 of 3 --
N/m No. 4834/22 in S.C.Suit No. 1082/2020. 2 Order.
2. On perusal of contents in affidavit in support, it appears
that the defendant required time to collect true copies of old documents
like School Leaving Certificate from 1963 to 1967 and other documents.
These documents may prove to be vital while adjudicating rights of the
parties. The defendant seems to have taken time to prepare written
statement after obtaining relevant documents. Therefore, delay can be
condoned by imposing reasonable cost in order to redress grievance of
the plaintiff that written statement was not ready on the date of filing of
the notice of motion. Hence, I pass the following order :
ORDER
1. Notice of Motion No. 4834 of 2022 is made absolute in
terms of prayer clause (a) subject to costs of Rs.2,000/
payable to the plaintiffs or learned advocate for the
plaintiffs on or before next date of hearing.
2. Written statement shall be exhibited upon payment of costs
as above.
3. Proceeding of Notice of Motion No. 4834 of 2022 is closed.
Sd/
(R.R.BHAGWAT)
Judge,
City Civil Court,
(Court Room No.66)
Date : 13/04/2023. Mumbai.
1. Dictated online on : 13/04/2023.
2. Checked and Signed on : 17/04/2023.
3. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
-- 2 of 3 --
N/m No. 4834/22 in S.C.Suit No. 1082/2020. 3 Order.
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
17/04/2023. 5.20 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.66).
Date of Pronouncement of Judgment/Order 13/04/2023.
Judgment/Order signed by P.O. on 17/04/2023.
Judgment/Order uploaded on 17/04/2023.
-- 3 of 3 --