Final Order 1

Order Details: Notice of Motion
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IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION No. 1217 of 2018
CNR MHCC010039182018
IN
S.C.SUIT NO. 7442 OF 1983
CNR MHCC010048632012
IN
HIGH COURT NO. 657 OF 1983
1.Maruti Moru Deshmukh (Since deceased)
through his legal heirs and legal representatives
1A. Sushila Moru Deshmukh & Ors. )....Plaintiffs.
V/s.
1.Anant K. Desai Since deceased through his legal
heirs
1A Alka Anant Desai & Ors. )...Defendants.
CORAM : HIS HONOUR JUDGE
SHRI. KISHORE M.JAISWAL
(C.R. NO.02)
DATE : 25/07/2018.
Adv. Prashant Kulkarni for the plaintiffs.
Adv. Shekhawat for 1(a) to 1(c) for the defendants
Adv. Sameer Sawant for the defendants no.19 to 23.
ORAL ORDER
This notice of motion is taken out by defendants no.19 to
23 for setting aside “ No written statement” order dated 10th January,
2018. This notice of motion is supported by an affidavit being executed
by authorized representatives of defendants no. 19 to 23.
Plaintiff has strongly opposed this notice of motion .
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2. Heard learned advocates of both the sides.
3. The main suit is of the year 1983. Defendants no.19 to 23
are added as a party defendants to the suit as per order dated 15th
November, 2016 in Chamber summons no. 2354 / 15. The main relief
in the suit is for partition of the suit and plaintiff is claiming 2/3 share.
It is submitted on behalf of defendants no.19 to 23 that they have
preferred Writ petition no. 13791/17 before the Hon'ble High Court
challenging the order in chamber summons no. 2354/15 .
4. On perusal of the record, it shows that there after from
time to time, the matter was adjourned for filing written statement on
behalf of defendants no. 19 to 23. The learned advocate for defendants
no. 19 to 23 submits that the defendants are ready to contest the suit on
merits by filing written statement till next date. It is also submitted that
the defendants no.19 to 23 are having good merits in the matter.
Hence, for the reasons mentioned in affidavit in support of the chamber
summons and for giving fair opportunity to defendants no.19 to 23, in
my opinion, they can be permitted to file written statement on record
subject to payment of certain costs to be paid to District Legal Services
Authority, Mumbai. For fair trial and proper adjudication of the case, I
pass the following order.
ORDER
1. Notice of motion no. 1217/18 is allowed and made
absolute in terms of prayer clause (a) only subject to the conditions that
the defendants no.19 to 23 shall file the written statement on next date
and shall pay the costs of Rs.2000/ to the District Legal Services
Authority, Mumbai to be paid withinh one week.
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2. Notice of motion is disposed of accordingly.
(Kishore M. Jaiswal )
Addl. Sessions Judge,
City Civil & Sessions Court,
Greater Mumbai.
Date:25/07/2018.
Dictated on : 25/07/2018.
Transcribed on : 25/07/2018.
Signed on :
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“Certified to be True And Correct copy of the Original.
Signed Judgment/Order.”
Upload Date 26/07/2018
Time at 1.25noon
Name of Stenographer
(Mrs. V.V.Mhatre)
Name of the Judge (With Court
room No.)
H.H.J Shri Kishore M. Jaiswal
(C.R. No.02)
Date of Pronouncement of
JUDGMENT / ORDER
25/07/2018
JUDGMENT / ORDER signed by
P.O.on
25/07/2018
JUDGMENT / ORDER uploaded on 26/07/2018
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