Final Order 1

Order Details: Notice of Motion
Pdf Text: Adv. Nalawade for the Plaintiff present. Adv. Yogendra Kanchan for Defendant-4 present. Adv.
Vinod Fadtare for Defendant nos. 1 and 2 present. Adv. Sneha Prabhu for MHADA Defendant no. 5
present. Original registered N/M No. 2354/19 alongwith affidavit in support tendered by Defendant
no. 4. t.o.r. Application tendered by the Plaintiff for recall of order dtd 5.12.2018. t.o.r. O-Deft no. 1
and 2 to file say. Order passed below N/M no. 2354/19 This N/M has been taken by Defendant no. 4
for condonation of 182 days delay in filing WS and permitting to file WS. Plaintiff has submitted to
the court and prayed for costs. Perused affidavit in support of N/M. In view of reasons stated and in
order to decide suit on merits, it is just to give opportunity to Defendant no. 4 to file WS.
Considering delay of 182 days, costs is to be imposed upon Defendant no. 4 for allowing this N/M.
With this I proceed to pass the following order. Order 1. Notice of Motion No. 2354 of 2019 is
made absolute in terms of prayer clause (a) and (b), subject to payment of costs of Rs./1500-
payable by Defendant no. 4 to the Plaintiff on or before next date. 2. On payment of costs, Written
Statement of Defendant no. 4 be taken on record. 3. Notice of Motion No. 2354 of 2019 stands
disposed of accordingly. In view of order passed N/M no. 2354/19, Defendant no. 4 has paid costs
of Rs. 1500/- to the Plaintiff and tendered WS. Written Statement tendered by Defendant no. 4. t.o.r.
O-filed. Matter is adjd. to 1.10.2019 for say to exh. 8 by Defendant nos. 1 and 2/draft issues/ proof
of service of writ of summons of Defendant no. 3 and 6/ N/M hearing.
Sd/-
Judge
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