Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 N/M NO.2385/2019
MHCC010065882019
IN THE CITY CIVIL COURT AT MUMBAI.
NOTICE OF MOTION NO. 2385 OF 2019
IN
S.C. SUIT No. 349 OF 2019
1. Ashok Tukaram Sonawane & Ors. ...Plaintiffs.
VERSUS
1. Ramesh Tukaram Sonawant & Ors. ...Defendants.
Appearance
Learned Advocate Abhishek Sawant, for the plaintiffs.
Learned Advocate U.L Shah for defendant No.1.
Learned Advocate Sanjay Khare for defendant No.2
CORAM : HHJ Rajesh A. Sasne
(C.R.NO.62)
Date : 1st March, 2023
O R D E R
This notice of motion is taken out by defendant No. 2
requesting to set aside the order dated 22.04.2019 directing the suit to
proceed exparte and condonation of delay in filing written statement
by defendant No.2.
2. This motion is opposed by the plaintiffs contending that
there is no authorisation of defendant No.2. There is delay in filing
written statement. Written statement is not annexed with the motion.
3. Heard the learned advocate for defendant No.2. No
arguments of the plaintiffs.
-- 1 of 3 --
2 N/M NO.2385/2019
4. Read the affidavit in support of motion and affidavit in
reply of the plaintiffs. Record shows that on 22.4.2019 suit is ordered
to proceed exparte against defendant Nos. 2 and 3. Thereafter, on
23.07.2019 defendant No.2 filed this motion for setting aside the order.
It appears that the suit summons attempted to be served by RPAD was
returned unclaimed. Assuming it a good service, exparte order has been
passed against defendant No.2. It is the contention of the defendant
No.2 as writ of summons were not served, defendant No.2 could not
remain present on 22.04.2019. Defendant No.2 wants to file written
statement in the present suit. Defendant No.2 is the Secretary of
Loksewa Cooperative Housing Society. Considering the reasons stated
in the motion, the delay in filing written statement can be condoned,
the order directing the suit to exparte against defendant No.2 is
required to be set aside. Hence, I pass following order:
O R D E R
1. Notice of Motion No.2385 of 2019 is allowed subject to costs of
Rs.1000/ (rupees one thousand only).
2. The order dated 22.04.2019 directing the suit to proceed exparte
against defendant No.2 is set aside.
3. Delay in filing written statement is condoned and defendant No.2 is
allowed to file written statement.
4. Costs shall be paid to the plaintiff on or before next date.
5. Notice of Motion No.2385/2019 is disposed of accordingly.
(Rajesh A. Sasne)
Judge,
City Civil Court,
Date : 01/03/2023 Mumbai.
Dictated on : 01/03/2023
transcribed on : 02/03/2023
Signed on : 02/03/2023
-- 2 of 3 --
3 N/M NO.2385/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
02.03.2023 at 4.20 p.m. Mr. S.S. Bathe
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge(with CR No.) HHJ SHRI. R.A. SASNE (C.R.No.62)
Date of pronouncement of Order 01/03/2023
Order signed by P.O. on 02/03/2023
Order uploaded on 02/03/2023
-- 3 of 3 --