Final Order 1

Order Details: Notice of Motion
Pdf Text: Adv. K. Andrews for the Plaintiff present. Adv. Zaveri h/f Gala for Defendant-4 present. Adv.
Prabhu for MHADA Defendant no.1 to 3 present. The Plaintiff has failed to file reply. Hence no
reply order is passed against the Plaintiff. Defendant no.1 to 3 have failed to file WS. Hence no WS
order is passed against Defendant no.1 to 3 Heard arguments. Order passed below N/M no. 1539/19
Heard. Perused affidavit in support of N/M and reasons stated by Defendant no. 4 at page no. 4. It
seems that the Plaintiff has given inspection of the documents. Admittedly, there is delay of 365
days in filing Written Statement. It appears that alongwith the N/M defendant no. 4 has filed copy
of Written statement. In such circumstances, in order to decide real controversial issues involved in
the suit on merits, it is desirable to give opportunity to Defendant no. 4 to file Written statement.
Considering delay caused in filing WS, heavy costs is to be imposed upon Defendant no. 4 while
allowing this N/M. Thus in the interest of justice, N/M is to be allowed. With this I proceed to pass
the following order. Order 1. Notice of Motion No.1539/2019 is made absolute in terms of prayer
clause (a) and (b) subject to payment of costs of Rs.4000/- payable by Defendant no. 4 to the
Plaintiff on or before next date. 2. On payment of costs, Defendant no. 4 is permitted to tender WS
on next date and failure to which, N/M will be dismissed automatically. 3. Accordingly N/M no.
1539/19 stands disposed of. Matter is adjd. to 10.12.2019 for compliance by Defendant no. 4.
Sd/-
Judge
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