Final Order 1

Order Details: Notice of Motion
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
NOTICE OF MOTION NO. 1892 OF 2019
IN
L.C. SUIT NO. 1707 OF 2018
(CNR NO. MHCCO10052582019)
Mohan Maruti Tapase )...Plaintiff.
Versus
Anjana Maruti Tapase and Ors. )...Defendants.
Appearance:
Advocate Ms. Vaibhavi Pawar for plaintiff.
Advocate Mr. Sutar for MMC.
Adv. Mr. Rahul Thorat for defendant nos. 1 to 4.
CORAM: HIS HONOUR JUDGE
SHRI. R.V.KOKARE
DATE : 8th JULY, 2019.
(C.R.No.06)
O R D E R
This notice of motion has taken out on behalf of defendant
nos. 1 to 4 for setting aside no reply and no W.S. order passed against
them. This notice of motion is resisted on behalf of the plaintiff by
filing reply on the same notice of motion. Heard both the Ld. counsels
on behalf of both the sides. Read the present notice of motion and reply
thereon. Perused the record.
2. The Ld. advocate on behalf of the defendants has
submitted that the present defendant nos. 1 to 4 could not file their
reply and written statement within stipulated period. There are 120
days caused delay for filing reply and written statement. Reasons
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mentioned in the affidavit of the defendant no.1 Ms. Anjana Tapase for
causing delay for filing reply and written statement. The defendants are
ready and willing to contest the suit filed by the plaintiff.
3. The Ld. advocate on behalf of the plaintiff has submitted
that in order to cause delay and prolonging the matter, the defendant
could not file their reply and written statement within stipulated period.
The intention of the defendants have prolonging the matter. There is no
explanation on behalf of the defendants for causing delay for filing their
written statement. On these grounds, the defendants have requested
that present notice of motion may kindly be dismissed with costs.
4. After careful hearing the arguments advanced on behalf of
both the sides and on perusal of rival pleadings of both the parties and
perusal of record, it appears that the present suit was filed for partition.
The plaintiff and defendants are the brothers of one and same family.
In oder to contesting the matter and to come to reach real dispute in
between the parties, it is just and proper by condoning the delay and
the opportunity will be given to the defendants for filing their written
statement by imposing cost. Therefore, I proceed to pass the following
order.
ORDER
1. Notice of Motion No. 1892/19 is hereby allowed.
2. No say and no W.S.order against the defendant nos. 1 to 4 is hereby
set aside subject to cost of Rs.1000/.
3. The defendant nos. 1 to 4 shall deposit cost amount of Rs. 1,000/
to the DLSA. Mumbai.
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4. Notice of Motion No. 1892/19 is disposed of accordingly.
Date : 08.07.2019. (R.V.Kokare)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 08.07.2019
Transcribed on: 09.07.2019
Signed by HHJ : 09.07.2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
09.07.2019 5.00 p.m. Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR
No.06)
Date of Pronouncement of
Judgment/Order
08.07.2019
Judgment/order signed by P.O on 09.07.2019
Judgment/order uploaded on 09.07.2019
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