Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 1244/2019
MHCC010031992019
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI.
NOTICE OF MOTION NO. 1244 OF 2019
IN
SUIT NO. 1776 OF 2018
Nirmal Lifestyle Limited ...Applicant
/Orig.Defendant No.5
In the matter between
1. Mr. Jalaluddin Hukumullah & Ors. … Plaintiffs.
Vs.
1. Mr. Haji Tayab Tar Mohammed
and Ors. … Defendants
Appearance
Learned Adv. Mr. J.K. Shah for the plaintiffs
Learned Adv. Mr. Rahul Thorat for the applicant/defendant No.5
CORAM : HHJ V. M. Pathade
(C.R.NO.62)
Date : 13th February, 2024
O R D E R
The defendant No.5 has taken out the present Notice of
Motion seeking condonation of delay of 74 days in filing written
statement. In affidavit-in-support filed by Chandrakant Shah on behalf
of defendant No.5 it is stated that the writ of summons was served upon
it on 06.08.2018. The representatives of the defendant who were
handling the subject suit, all of a sudden resigned without giving any
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proper notice to defendant No.5 and hence there was delay of 74 days
in filing written statement.
2. The plaintiffs vide their affidavit-in-reply opposed the
notice of motion. It is their contention that the defendant has not made
out sufficient ground to condone the delay in filing written statement.
3. Heard the learned Counsel Mr. Rahul Thorat for defendant
No.5 and the learned Counsel Mr. J.K.Shah for the plaintiffs. They
would make their submissions on the lines of the contentions made in
the affidavit in support of the notice of motion and the affidavit-in-reply
respectively.
4. From the perusal of the plaint, it would reveal that this is a
suit for declaration that the Conveyance Deed dated 16.09.1995 is
legal, valid, subsisting and binding upon the defendants, the Deed of
Cancellation dated 04.04.1997 is illegal, fraudulent and forged
document, the Agreement of Sale dated 01.07.1980, the Deed of
Confirmation dated 06.04.1995 and General Power of Attorney dated
20.12.1993 are illegal, fraudulent and forged documents and not
binding upon the plaintiffs, etc.
5. It may be noted that though the defendant No.5 has moved
the present notice of motion on 20.03.2019, it has produced on record
its written statement by today only. Considering the overall view of
matter including that the defendant Nos.1 to 4 have transferred their
rights, title and interest in the suit property in favour of defendant No.5,
who is the only contesting defendant, I find it just and appropriate to
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allow the defendant No.5 to file its written statement subject to
payment of costs of Rs.5000/- payable to the plaintiffs. Hence, I proceed
to pass following order:-
ORDER
1. The Notice of Motion No.1244 of 2019 stands allowed subject to
payment of costs of Rs.5000/- (rupees five thousand only) payable to
the plaintiffs.
2. On payment of such costs the written statement filed by the
defendant No.5 be taken on record and marked as exhibit.
3. Notice of motion No.1244 of 2019 stands disposed of accordingly.
Date : 13.02.2024 (V. M. Pathade)
Dictated on : 13/02/2024 Judge,
Transcribed on : 14/02/2024 City Civil Court,
Signed on : 14/02/2024 Mumbai.
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
14.02.2024 at 5.55 p.m. Mr. S.S. Bathe
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge(with CR No.) HHJ SHRI. V.M. PATHADE
(C.R.No.62)
Date of pronouncement of Order 13.02.2024
Order signed by P.O. on 14.02.2024
Order uploaded on 14.02.2024
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