Final Order 1

Order Details: Other
Pdf Text: 12.06.2019
SU 755/18
@ NM
618/18
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
Plff and Adv absent.
Deft and Adv absent.
K.B.
L.O.
Adv. Satyadev Joshi for Plaintiff present.
Adv. Pawar for Defendant present.
Draft NM filed by Adv for defendant t.o.r.
Leave is granted to register it.
Copy is given to other side.
Say filed by Adv for Plaintiff on NM.
Order below NM No.618/18.
Notice of motion is taken out by the defendants to set aside order
dtd.04.08.2018 and file reply to NM No.618/18.
Plaintiff objected to the Notice of motion.
On perusal of Roznama, it appears that matter was adjourned on
04.05.2018 for NM reply to 25.06.18. On 25.06.18 Presiding officer was on
leave, so board was discharged and matter was adjourned to 04.08.2018.
On 04.08.2018 matter was adjourned to 26.11.2018 for NM hearing. It
seems that no speaking order was passed to proceed without reply but it can
be gathered that Notice of motion was proceeded without reply against the
defendants. Defendants assigned reason that they were under impression
that NM was adjourned from time to time for reply. Their impression is
misconceived. May it be so, in the interest of justice and in order to avoid
technicalities, I am of the view to grant an opportunity to the defendants to
file reply to NM and to contest the same on merits. However, considering
the delay caused, some costs is required to be imposed upon them. Hence
pass following order.
ORDER
1. Draft Notice of Motion is allowed and made absolute in terms of
prayer clause (a) subject to payment of costs of Rs.500/ to the
Plaintiff.
2. On payment of costs, reply be taken on record.
3. Draft NM be registered for statistical purpose.
Draft NM is disposed off accordingly.
Defendants have paid costs to the Adv for Plaintiff.
Therefore, reply filed by defendants is t.o.r.
It is pertinent to note that defendant's Advocate made statement that they
will not create third party interest in respect of suit property till reply to the
NM.
Adv for defendants made statement that till next date defendants will not
create third party interest in respect of suit property. Said statement is
accepted as undertaking.
Adj for NM hearing on request of Adv for defendant to 19.06.2019.
Judge
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