Final Order 1

Order Details: Notice of Motion
Pdf Text: ORDER ..1..
MHCC010032862020
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 1188 OF 2020
IN
S.C.SUIT NO.2096 OF 2019
Shri Kailash Mavji Savla. ...Plaintiff.
Versus.
Rajesh Mavji Savla and others. .… Defendants.
Appearance :
Adv. Madhusudan Joshi for defendant no.1
Adv. Mayang Vira for defendant no.2 and 3.
CORAM : HIS HONOUR JUDGE
R.R.Patare
COURT NO.2
DATED : 3rd November 2022.
ORAL ORDER
This notice of motion is taken out by defendant no.1 requesting
for condonation of delay causing for filing written statement. The
defendant no.1 was served with writ of summons on 08.11.2019. The
defendant appeared through advocate on 14.11.2019 and thereafter this
notice of motion was tendered on 17.03.2020. Suit is for partition. It is
stated that defendant could not file written statement on the ground
that he could not get documents. From the pleadings it is seen that delay
is caused due to non availability of documents. Roznama shows that no
written statement order is passed against the defendant. Hence it is
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ORDER ..2..
presumed that time was extended for filing written statement. No doubt
there is delay for filing written statement. The plaintiff can be
compensated for the delay caused by the defendant. Hence following
order is passed to meet both the ends of justice.
ORDER
Notice of Motion No.1188 of 2020 is hereby allowed.
2. Delay caused for filing Written Statement is condoned, subject to
costs of Rs. 1,000/- to be paid to the plaintiff within a period of 14 days
from today.
3. The defendant is permitted to file Written Statement on payment
of costs amount.
(R.R.Patare)
Judge
City Civil Court, Gr.Mumbai
Date : 03.11.2022
Typed on : 03.11.2022
HHJ signed on : 03.11.2022
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ORDER ..3..
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
DATED 03.11.2022 , 5.30 p.m.
UPLOAD DATE AND TIME Mrs. V. N. Rajgole.
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
H.H.J. Shri. R.R.Patare
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
03.11.2022
JUDGMENT/ORDER signed by P.O.
on
03.11.2022
JUDGMENT/ORDER uploaded on 03.11.2022
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