Final Order 1

Order Details: Notice of Motion
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IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 2500 OF 2019
IN
SUIT NO. 2022 OF 2018
(CNR NO.MHCC01-006871-2019)
Mr.Mohammed Naeem Gulam Mohammed Shaikh …Plaintiff.
V/s.
1. Mrs. Sayeeda Banu Gulam Mohammed Shaikh & Ors. ..Defendants.
Appearances:
Ld. Advocate Mr. N.A.Ghatte for plaintiff.
Ld. Adv. Shahid Husain for defendants nos. 1,3, 4, 8 & 9.
CORAM : HIS HONOUR JUDGE SHRI R. V. KOKARE.
(C.R.No.63)
DATED : 27/10/2021.
ORDER
This is a notice of motion taken out on behalf of defendant Nos.
1, 3, 4, 8 & 9 for accepting written statement by condoning delay of 110
days. This notice of motion resisted on behalf of the plaintiff by filing
say.
2. Read the present notice of motion. Say of the plaintiff thereon.
Perused record. Heard arguments of learned counsels on behalf of both
the sides.
3. The learned counsel on behalf of the defendant Nos. 1, 3, 4, 8 &
9 has submitted that the plaintiff and defendants are the family
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members. The dispute is about the suit flat amongest the plaintiff and
defendants. The present suit is filed for partition and declaration. Late
husband of defendant no.1 has been allotted the suit house to the
defendant no.1. The defendant no.1 is residing in the suit house. The
suit summons was served upon the defendant Nos. 1, 3, 4, 8 & 9 on
06/10/18. The defendant no.1 is old aged lady and due to her illness,
she could not collect the information and approached to her advocate or
filing written statement. In support of contentions mentioned in this
notice of motion, the defendant no.1 has filed her affidavit in support of
this notice of motion,
4. The learned counsel on behalf of the plaintiff has submitted that
the defendants are served on 06/10/2018, but the defendants have
intentionally not filed written statement within stipulated time and in
order to cause delay for disposal of the suit the defendants have filed
this chamber summons on very late stage. Therefore, present notice of
motion taken out by the defendant Nos.1, 3, 4, 8 & 9 may kindly be
rejected.
5. After hearing arguments advanced by learned counsels on behalf
of both the sides and on scrutiny of rival pleadings of both the parties
and on scrutiny of the affidavit filed by the defendant no.1 in support of
notice of motion, I am of view that the reasons mentioned in the
affidavit of defendant no.1 for filing this notice of motion are satisfied.
Moreover, on perusal of record, it appears to me that the present suit is
filed for partition and declaration. The immovable property is involved
in this matter. Therefore, I am of the view that in order to decide this
matter on merit, it requires to give an opportunity to the defendants for
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filing their written statement. Therefore, I inclined to allow this notice
of motion by imposing costs. Hence, I proceed to pass following order.
ORDER
1. Notice of Motion No.2500/2019 is hereby allowed as prayed for
subject to cost of Rs.1000/-
2. The defendant nos.1,3,4,8 and 9 are hereby directed to deposit cost
of Rs.1000/- to the office of DLSA, Mumbai on or before one month
from the date of this order.
3. NM No.2500/2019 is disposed off accordingly.
Sd/-
( R. V. Kokare )
Judge
City Civil & Sessions Court,
Dated :27/10/2021. Gr. Mumbai
Dictated on: 27/10/2021
Transcribed on: 28/10/2021
HHJ signed on:28/10/2021
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
28/10/2021 at 5.00p.m.
NAME OF STENOGRAPHER
( Mrs. V. V. Malgaonkar)
Name of the Judge HHJ Shri R. V. Kokare
(COURT ROOM NO.63)
Date of pronouncement of
judgment/order
27/10/2021
Judgment/order signed by P.O. on 28/10/2021
Judgment/order uploaded on 28/10/2021
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