Final Order 1

Order Details: Notice of Motion
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MHCC010062932019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO.2281/2019
IN
S. C. SUIT NO.2987/2012
Jane Pascal D'souza ..Plaintiff.
V/s.
1. Mr. Basil Joseph D'souza
2. Mrs. Sabiha Boniface D'souza
3. Miss Raiza Boniface D'souza ..Defendants
Appearances :
Adv. Johnson John for plaintiff.
Adv. Priyanka Bhanushali h/f. Chetan Parekh for defendant no.1.
Coram : His Honour Judge
Shri. A.H.Laddhad
CR No. :03.
Date : 16.3.2022
ORDER
1. Plaintiff filed instant notice of motion seeking condonation
of 50 days delay in taking out the Motion and further prayed for
restoration of the Suit by recalling order dated 4.1.2019.
2. Motion is opposed by defendant by filing say.
3. Heard both sides. Perused Motion, reply and Roznama. It
appears that, on 3.10.2018, issues were framed. Inspite of granting two
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opportunities, the plaintiff failed to tender evidence on affidavit. During
argument, Ld Advocate for the plaintiff informed that, he was in
personal difficulty and was busy in his litigation. Therefore, he could
not remain present. He is ready to tender evidence even today.
4. Suit is for partition. I am of the view that, the parties
should get fair and sufficient opportunity to contest their claim. No
doubt, it is fault of the plaintiff that he has not filed evidence in time.
The aforesaid conduct can be condoned by awarding reasonable costs.
Moreover, the plaintiff is ready to file evidence. Thus, looking to the
aforesaid facts and circumstances of the case, I proceed to pass
following order :
ORDER
1. Notice of Motion No.2281/2019 is allowed in terms of prayer
clause(a) and (b) subject to payment of costs of Rs.2000/ to be
payable by the plaintiff to the defendant within a period of 15
days from the date of order.
2. Suit be restored.
3. Costs in cause.
4. Notice of Motion stands disposed of accordingly.
(A.H.Laddhad)
Judge,
Dated : 16.3.2022 City Civil and Sessions Court,
Dictated on : 16.3.2022 Greater Bombay (CR 03)
Typed on : 16.3.2022
Draft given on : 16.3.2022
Signed on : 17.3.2022
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.”
Date 17.3.2022, at 3.55 pm (Nitin V. Ubale)
UPLOAD DATE AND TIME Selection Gr. Stenographer(Gr.1)
Name of the Judge (With Court room no.) Shri A.H.LADDHAD (C.R. No.3)
Date of Pronouncement of JUDGMENT/ ORDER 16.3.2022
JUDGMENT/ORDER signed by P.O. on 17.3.2022
JUDGMENT/ORDER uploaded on 17.3.2022
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