Final Order 1

Order Details: Other
Pdf Text: 24.06.2019
SU 2366/18
@ NM
144/19
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
Adv. Powar for Plaintiff present.
Adv. More for Defendant no.1 and 2 present.
Adv. Salian for Defendant nos.3 and 4 present.
Plff is present.
Deft nos.1 to 4 present.
Adv for Deft nos.1 and 2 filed reply to NM 2316/19 t.o.r.
Draft NM filed by Adv for Defendant nos.1 and 2 t.o.r.
Leave is granted to register it.
Copy is given to other side.
Say filed by Plaintiff on NM.
Order below draft NM.
Read Notice of motion, affidavit in support of it, reply of
Plaintiff.
Notice of motion is taken out by defendant nos.1 and 2 for
condoning delay of 130 days caused in filing of written
statement and taking their written statement on record. They
contended that for filing written statement, they have applied
for getting certain documents under RTI but could not get those
documents either in the month of April or May 2019. It is
further contended that delay caused is unintentional. The
reason assigned by the defendant nos.1 and 2 is sufficient to
condone the delay caused. Moreso, delay caused is not
inordinate. It cannot be said that delay caused is deliberate. In
above circumstances, I am inclined to allow draft notice of
motion. However, considering the conduct of defendant nos.1
and 2, I am of view to impose certain costs upon defendant nos.
1 and 2. Hence, pass following order.
ORDER
1. Draft Notice of Motion is allowed and made absolute subject
to payment of costs of Rs.1,000/ within period of one week.
The defendant nos.1 and 2 are at liberty to deposit costs
payable to the Plaintiff in Court.
2. On payment of costs by the defendant nos.1 and 2 to the
Plaintiff their written statement be taken on record and marked
exhibit.
3. Draft NM be registered for statistical purpose.
4. Accordingly, draft NM is disposed off.
Keeping in view that it is partition suit, there is possibility of
settlement. So, it is referred to Lok Adalat.
Both parties are directed to appear before Lok Adalat on
13.07.2019.
Adj for NM hearing to 25.07.2019.
Judge
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