Order 3

Order Details: Notice of Motion
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
NOTICE OF MOTION NO. 1098 OF 2019
(CNR No. MHCC01-0002843-2019)
IN
L.C.SUIT NO.1342 OF 2018
Mr. Conrad D'Souza & Anr. … Plaintiffs.
V/s.
1. Michael Debu Martin & Ors ...Defendants
CORAM: HIS HONOUR JUDGE
SHRI. R. B. PARVEKAR
CITY CIVIL COURT
GR. MUMBAI
DATE : 20/02/2024
Adv. Pratibha Dhamapurkar for the plaintiff.
Adv. Shantanu Latpate for the defendant No.1
Adv. Ms. Meena Dhuri for the defendants/BMC.
ORAL ORDER
This Notice of motion is taken out by the defendant
No.1 for seeking permission to file Written statement on record
by setting aside No WS order dated 05.02.2019. Plaintiff
objected present Notice of motion.
2. Read notice of motion and reply filed by the
plaintiff. Heard both the sides.
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3. This is a suit for declaration in respect of tenancy
document and injunction. As per record and proceeding,
defendant No.1 appeared before the Court on 20.12.2018.
Thereafter, suit was posted on 05.02.2019. On 05.02.2019 No
WS order is passed against defendant no.1. Thereafter,on
05.03.2019 Defendant No.1 taken out this NM for setting aside
No WS order. On perusal of grounds, it appears that
immediately after passing of No WS order on the forthcoming
next date present notice of motion is filed by defendant no.1.
Valuable rights of defendant No.1 are involved in the present
suit. Grounds mentioned by defendant no.1 found to be just
and reasonable one. Apart from this, it is settled principle of
law that equal opportunity should be granted to both the
parties by following principle of audi-alteram-partem. Learned
Advocate for plaintiff, expressed his submission that cost be
imposed. If defendant No.1 is permitted to file written
statement then it will not cause prejudice to the rights of
plaintiff. On the contrary, suit will be decided on merit. It also
curtail the multiplicity of litigation. Therefore,for final
adjudication of the suit on merit, it is just and equitable in the
eye of law to grant permission to defendant No.1 for filing
written statement. Accordingly, I proceed to pass following
order.
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ORDER
1. Notice of motion No.1098/2019 is made absolute in
terms of prayer clause (a).
2. Both the parties to take note of this order.
3. Cost in cause.
4. Notice of motion No.1098/2019 is disposed off.
Date-20.02.2024 (R. B. Parvekar)
Ad-hoc Judge,City Civil Court
Gr. Mumbai
D i c t a t e d o n : 2 0 . 0 2 . 2 0 2 4
Ty p e d o n : 2 0 . 0 2 . 2 0 2 4
s i g n e d o n :
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
21/02/2024 06.00 p.m ( Mayuresh
P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Shri. R. B. Parvekar (C.R.No.06)
Date of Pronouncement of
JUDGMENT/ORDER
20/02/2024
JUDGMENT/ORDER signed by
P.O.on
21/02/2024
JUDGMENT/ORDER uploaded on 21/02/2024
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