Final Order 1

Order Details: Notice of Motion
Pdf Text: NM No. 1436 of 2019 1
MHCC010037342019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 1436 OF 2019
IN
S. C. SUIT NO. 2934 OF 2016
Mrs. Jyotsana Kirti Mehta ...Plaintiff
Versus
1. Mrs. Mamta Neal Mehta and another ...Defendants
CORAM : HIS HONOUR JUDGE
SHRI C.S.Datir
CITY CIVIL COURT, GR.BOMBAY
(C.R. NO.63).
DATE : 18-07-2025
Appearance:
Ld. Advocate Smt. Aneeta Vasani for the plaintiff.
Ld. Advocate Shri Sanjay Chatruvedi for defendants.
ORDER
1. The defendants have taken out this notice of motion to set aside
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NM No. 1436 of 2019 2
no written statement order passed on 06-03-2018 and requested to accept
written statement and it be marked as exhibit.
2. According to them, neither they received summons as per their
names. The plaintiffs allegedly sought to serve summons on the wrong
address. The writ of summons is not served properly. As summons was not
served properly, they could not contact to their advocates within time.
Meantime, no written statement order was passed. Delay has been caused
innocently and not intentionally. They pray, no written statement order be
set aside and written statement may be accepted and marked as exhibit.
3. As against, the plaintiff has filed say and resisted the
application, saying that, the notice was served to the plaintiff at proper
address within time. In spite of that, he did not file written statement
within stipulated period. The delay had been caused intentionally to
harass the defendants. The reason putforth by the defendants are not
correct and genuine. Therefore, notice of motion be rejected.
4. Heard argument. Perused record.
5. No doubt, certain delay has been caused to file the written
statement. As written statement did not file within the stipulated period,
no written statement order came to be passed. It is a suit for injunction in
respect of the suit property. Civil rights are involved between them in
order to resolve the dispute between them. Written statement and
evidence of the respective parties are necessary to decide the suit on merit.
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NM No. 1436 of 2019 3
Thus, I take lenient view and proceed to pass following order:
ORDER-
1. Notice of Motion No.1436 of 2019 is allowed.
2. No written statement order set aside.
3. Written statement hereby accepted and it be marked as
Exhibit.6 .
4. Accordingly, Notice of Motion No. 1436 of 2019 is disposed
off.
(C.S. Datir)
Judge,
City Civil Court,
Date :18-07-2025 Gr. Bombay.
Dictated on : 18-07-2025
Typed on : 18-07-2025
Corrected on : 18-07-2025
Signed on : 18-07-2025
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NM No. 1436 of 2019 4
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
19-07-2025 10.45 am K.M.Rana
Name of the Judge (with Court Room
no.63)
HHJ Shri C.S.Datir
(Court Room No.63).
Date of Pronouncement of Judgment/Order 18-07-2025
Judgment/Order signed by P.O. on 18-07-2025
Judgment/Order uploaded on 19-07-2025
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