Interim Order 1

Order Details: Other
Pdf Text: 15.11.2018
SU2442/17
CORAM: H. H. J. SHRI.KISHORE M.JAISWAL (CR. NO. 02)
Adv.Ms.Sonawane for Plaintiff present.
Adv.Ms.Shruti Pethare for defendant no.4 present.
Plff filed reply to N/m.1749/2018 and 1750/2018
and also filed rejoinder to N/m No.3923/2017 .t.o.r.
Heard both the sides in N/m No.3923/2017.
Order below N/m No.3923/2017
Perused N/m which is supported by an affidavit. Also perused reply
filed by the defendant. Without going to the merits of this N/m, it is an
admitted fact that the plaintiff is in possession of the suit premises.
The defendants has already made statement on 08.11.2017 before the
court that they shall not dispossessed the plaintiff from the suit
premises. With consent of both the parties this statement made on
08.11.2017 is accepted as an undertaking. Under these circumstances,
no purpose would be served in keeping this N/m pending. Notice of
Motion No.3923/2017 stands disposed of
Order below N/m No.1748/2018
Notice of Motion is not pressed by adv for plaintiff. Hence N/m
No.1748/2018 stands disposed of as withdrawn. It be removed
from Board.
Heard both the sides in N/m No.1750/2018.
Order below N/m No.1750/2018
Perused N/m which is supported by an affidavit. Also perused the
reply filed on affidavit by the plaintiff. Heard Ld.advocates of both
the sides. This N/m is taken out by the defendant no.4 for
condoning the delay and filing written statement on record. The
delay of 77 days has been satisfactorily explained by the defendant
no.4 in paragraphs no.3 to 9 of the affidavit in support of the N/m. For
giving fair opportunity to the defendant no.4 to contest the suit on
merits and in the interest of justice, I pass the following order.
ORDER
1 N/m No.1750/2018 is allowed and made absolute in terms of
prayer clause(a), subject to condition that defendant shall file
written statement on next date positively, subject to payment of
cost of Rs.1,000/ to be paid to DLSA, Mumbai within a period of
two weeks.
2 Notice of motion is disposed of accordingly.
Order below N/m No.1749/2018
Notice of Motion is not pressed by adv for defendant with liberty to
take out a fresh, if required to do so at relevant stage. Hence N/m
No.1749/2018 stands disposed of as withdrawn. It be removed
from Board.
Parties to the suit are close relatives. With consent of advocates of
both the parties, this matter is referred to National Lokadalat scheduled
on 08.12.2018. Parties are directed to attend National Lokadalat at
10.00 am. Issue notice to both the parties through Bailiff.
Judge
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