Final Order 1

Order Details: Notice of Motion
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IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
Notice of Motion NO. 1833 of 2017
In
L.C.Suit No2048 of 2017
MHCC010053272017
Smt. Saraswati Ramchandra Kate ..Plaintiff
V/s
1Brihanmumbai Mahanagar Palika
And other ..Defendants
AdvocateMadhusudan Joshi for defendant no.2
Advocate Ms. Sarita Donde for Plaintiff
CORAM : HIS HONOUR JUDGE
SHRI. G.B.GURAO
DATE : 25th September , 2018.
(Court Room No.06)
O R D E R
1 Defendant no. 2 has taken out this notice of motion for
condonation the delay of 187 days for filing written statement and also
to permit defendant no.2 to file written statement.
2 According to defendant no.2, writ of summons is served on
27/9/2017. Defendant no.2 is in possession of the suit premises.
Thereafter, defendant no.2 approached to his advocate and inspection
was sought from the plaintiff. However, plaintiff would not given
inspection of the documents. Therefore, defendant no.2 could not file
the written statement. Defendant no 2 has bonafide cause to oppose
the suit. If the written statement is not taken on record prejudice
would be caused to defendant. Hence prayed to allow the notice of
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motion.
3 Plaintiff filed a reply and resisted the notice of motion on
the ground that defendant no.2 has not filed a written statement
within a statutory period. No sufficient grounds for defendant no.2 to
permit to file a written statement. Hence prayed to reject the notice of
motion.
4 I have heard Shri Madhusudan Joshi for defendant no.2
and Smt. Sarita Donde for the plaintiff.
5 Plaintiff has filed suit for declaration and perpetual
injunction. Admittedly, writ of summons is served to defendant no.2 on
27/09/2017. Defendant no.2 has not filed written statement within
statutory period as prescribed under order 8 rule 1 of Civil Procedure
Code. However, reasons mentioned by defendant that he would not get
the inspection of the documents. Further, defendant no.2 alleges that
he is a tenant and in occupation of the suit premises. Thus, there is
contest between plaintiff and defendant no.2. Considering the nature of
suit and also the reasons mentioned by defendant no2 for not filing
written statement, I find that delay deserves to be condoned and
defendant no.2 be permitted to file written statement on record, on
some cost. Therefore the following order:
ORDER
1 Delay of 187 days for filing written statement by
defendant no.2 is hereby condoned subject to costs of
Rs. 2000/ paid to the plaintiff.
2 Defendant no. 2 is permitted to file written statement on
record.
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3 Notice of motion is disposed of accordingly.
(G.B.Gurao)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 25/09/2018
Typed on : 25/09/2018
Signed by HHJ. : 26/09/2018
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“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
27/9/2018 Mrs. S.D. Raje
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
(H.G.)
Name of the Judge (with Court
Room No.)
Shri. G.B.Gurao
(CR.No.06)
Date of Pronouncement of
JUDGEMENT/ORDER
25/9/2018
JUDGEMENT/ORDER signed by
P.O. on
26/9/2018
JUDGEMENT/ORDER uploaded
on
27/9/2018
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