Interim Order 1

Order Details: Notice of Motion
Pdf Text: 1 Notice of Motion No. 4327/2019
in Suit No.1482/2019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
Notice of Motion No. 4327 of 2019
(CNR NO. MH CC010118812019)
In
SUIT No. 1482 OF 2019
Mrs. Archana Sachin Kavathekar ....Plaintiff
V/s.
Smt. Shakuntala Vishnu Kamble & Ors. ....Defendants
Appearance:
Mr. Bhimrao Powar, Advocate for the plaintiff.
Mr. Sandeep Patade, Advocate for the defendant No.1
CORAM : HER HONOUR JUDGE
JAYSHRI R. PULATE
(C.R.NO.12)
DATE : 22 nd November, 2019.
ORDER
1. By this Notice of Motion defendant No.1 has prayed for
condonation of delay of 28 days in filing the written statement.
2. In support of the notice of motion affidavit is filed by
defendant No.1. It is averred that no written statement order was
passed on 20.09.2019. The writ of summons was served on 28.06.2019
to defendant No.1. On 10.07.2019, the Court was on leave and
therefore the matter was adjourned on 20.09.2019. It is further
submitted that due to the health problems of defendant No.1, he could
not meet the Advocate and engage him to appear and plead on his
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2 Notice of Motion No. 4327/2019
in Suit No.1482/2019
behalf. It is also submitted that being senior citizen, defendant No.1
requires help of relatives or other person to travel. Therefore, it is
prayed that the notice of motion be allowed.
2. To this notice of motion Advocate of plaintiff has given no
objection.
3. Heard both the sides. By way of present notice of motion,
defendant No.1 has prayed to condone the delay of 28 days on the
reason of his health problems. In order to decide the suit on merit and
to decide the right of parties involved in the suit property, I am of the
opinion that delay of 28 days is required to be condoned. Resultantly, I
pass following order.
ORDER
1) Notice of Motion No.4327/2019 is made absolute in terms of
prayer clause (a) and (b).
2) The written statement of defendant No.1 already tendered on
record be exhibited.
3) Notice of Motion No.4327/2019 stands disposed off accordingly.
(Jayshri R. Pulate)
Judge
City Civil Court,
Gr. Bombay
Date : 22/11/2019
Dictated on : 22.11.2019
Transcribed on : 23.11.2019
Signed on : 23.11.2019
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3 Notice of Motion No. 4327/2019
in Suit No.1482/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
25.11.2019 11.30 a.m. Ms. Ujwala J. Bhagat.
Name of the Judge H.H.J. Jayshri R. Pulate.
(Court Room No.12)
Date of pronouncement of Order 22.11.2019
Order signed by P.O. on 23.11.2019
Order uploaded on 25.11.2019
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