Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 N.M.No.2490 of 2019
CNR:MHCC01-006854-2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO.2490 OF 2019
IN
S.C. SUIT NO.1885 OF 2015
Catherine Kurus Gnanamuthu .. Plaintiff
V/s.
G. Nicholas @ Shekar .. Defendant/Applicant
Appearances :-
Adv. Ashutosh Khandeparkar for plaintiff.
Adv. Mayank Parla for defendant.
Coram : R. M. Sadrani
Judge, City Civil Court,
Greater Bombay, C.R. No.07.
DATED : 20th March, 2021.
ORDER
1 This Notice of Motion is moved by the defendant with
the prayer to set aside the order dt. 26.04.2019 thereby Chamber
Summons No.523 of 2018 moved by the plaintiff for the
amendment was proceeded without reply of the defendant.
2 Learned Adv. Mayank Parla for defendant argued that
the dispute between the parties is since 1968. Defendant was
collecting the documents. There was delay on his part to collect
the necessary documents for reply. He requested that in the
interest of justice, defendant be permitted to file reply in Chamber
Summons No.523 of 2018.
3 On the contrary, learned Adv. Ashutosh Khandeparkar
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2 N.M.No.2490 of 2019
for the plaintiff opposed the Notice of Motion. He argued that
after Court passed ‘no reply’ order on 26.04.2019, he has started
argument and Court sought explanation from him about
jurisdiction. Therefore, under these circumstances, once argument
begins, defendant cannot be permitted to file reply.
4 After hearing both the sides, I go through record. Suit
is filed for declaration and injunction in respect of the immovable
property. By way of proposed amendment, as prayed in Chamber
Summons No.523 of 2018, plaintiff is requesting for addition of
pleadings around 50 pages, therefore, reply of the defendant will
help the Court in deciding the Chamber Summons and relevancy
of the amendment. Therefore, in my opinion, it is just and proper
to allow the Notice of Motion. Hence, I pass following order.
ORDER
1 Notice of Motion No.2490 of 2019 is hereby allowed.
2 Order dated 26.04.2019 that no reply of the defendant
in Chamber Summons No.523 of 2018 is hereby set aside and
defendant is permitted to file reply without fail on next date.
3 Notice of Motion is disposed off accordingly.
(R. M. Sadrani)
Judge,
City Civil and Sessions Court,
Dated : 20/03/2021. Greater Bombay.
Dictated on :20/03/2021.
Transcribed on :20/03/2021.
Signed on :20/03/2021.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.
UPLOADED ON:20/03/2021.
(Santosh B. Sawant)
(Selection Grade Stenographer)
Name of the Judge(with Court Room
No.)
Shri. R. M. Sadrani, Judge, C.R.No.07.
Date of pronouncement of
Judgment /Order
20/03/2021.
Judgment/Order signed by P.O. on 20/03/2021.
Judgment/Order uploaded on 20/03/2021.
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