Full Order Text
Final Order 1 · 29 Jul 2019 · CNR MHCC010046352018
Order Details: Notice of Motion Pdf Text: Daily Status IN THE COURT OF :COURT 32 ASST SESSION JUDGE Case No. :NOTICE OF MOTION/0101479/2018 Tabrej Tajjudin Shikalgar Vs Dildar Shaikh Date : 29-07-2019 Business : None present. Adv.Ranjan Dwivedi for plaintiff present. Adv.for defendant absent. Heard, Ld counsel for plaintiff. Perused the contention of notice of motion and reply filed by plaintiff. According to the defendant the earlier notice of motion NO. 3400/2017 was dismissed by the court by passing order dated 30.01.2018. It is contented by the defendant that he had filed notice of motion for condonation of delay. Lastly he submitted that order dt 30.01.2018 be set aside and notice of motion no. 3400/2017 be restored. I have perused the affidavit filed by defendant in support of notice of motion. As my Ld. Predecessor while order dated 30.01.2018 dismiss notice of motion no. 3400/2017 observing that the defendant had failed to show sufficient cause for condonation iof delay. According to he defendant had filed an application vage avaerment and lastly she decided the notice of motion no. 3400/2017 on merit. After notice of motion is decided on merit then defendant has right to approach proper forum for appropriate relief However, defendant had as filed the present notice of motion on same ground. Therefore, I donot found any merit in the notice of motion. Hence I proceed to pass following order 1) Notice of Motion No. 1479/2018 is dismiss with cost. Matter adjd to 12.09.2019 for ex-parte evidence. Nature of Disposal : DISMISSED Disposal Date : 29-07-2019 COURT 32 ASST SESSION JUDGE -- 1 of 1 --