Final Order 2

Order Details: Notice of Motion
Pdf Text: N/M No.2735/2019 1
MHCC010075182019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 2735 OF 2019
IN
S. C. SUIT NO. 371 OF 2017
Mr. Chandraprakash Dadaji Patil … Plaintiff
V/s.
1. Smt. Asha Ramesh Mukadam & Ors. ...Defendants
Appearance :
None for the plaintiff.
Ld. Advocate Ramesh Kamble for Defendants.
CORAM : HIS HONOUR CITY CIVIL
JUDGE A. H. BAIG
CITY CIVIL COURT, GR.
BOMBAY (C.R. No.65)
DATE : 21/08/2026.
O R D E R
(Dictated and Pronounced in open Court)
1. By moving present Notice of Motion, defendants have prayed for
setting aside the impugned ex-parte order dated 29.01.2018
against the defendants, condoning the delay of 706 days and for
filing the written statement.
-- 1 of 4 --
N/M No.2735/2019 2
2. Perused the Notice of Motion and affidavit in reply filed by the
plaintiff.
3. Heard both Ld. Advocates at length.
4. Fair chance is to be given to defendant to contest the suit by
filing their Written Statement on record. If such opportunity is
given to defendants, no serious prejudice will be caused to the
plaintiff. On the contrary, suit will be decided on merit. As per
principle of natural justice ‘Audi Alterem Partem’, no person shall
be condemned unheard. The opportunity of participating in the
proceeding has to be granted to defendant No.1 by setting aside
the ex-parte order dated 29.01.2018 against the defendants.
5. At the same time, I hold that considering the delay, heavy costs
is to be imposed on defendants. Accordingly, I hold that Notice of
Motion is required to be made absolute subject to payment of cost
of Rs.2,000/- (Rupees Two Thousand only) to the plaintiff on or
before next date as condition precedent. In the result, I pass the
following order :-
ORDER
1. The present Notice of Motion No. 2735 of 2019 is made absolute
subject to payment of cost of Rs.2,000/- (Rupees Two Thousand
only) to be paid to plaintiff on or before next date as condition
precedent.
2. On payment of costs as per clause (1) above, the ex-parte order
dated 29.01.2018 against the defendants, shall be set aside.
3. On compliance of clause (1) above, the delay of 706 days in filing
-- 2 of 4 --
N/M No.2735/2019 3
Written Statement shall be condoned.
4. Defendants shall file original affirmed copy of written statement
on next date and it shall be taken on record on compliance of
clause (1) above.
5. The Notice of Motion No. 2735 of 2019 is disposed of accordingly.
(A. H. Baig)
Date- 21.08.2026 Judge,City Civil Court,
Gr. Bombay.
Dictated on : 21.08.2026
Typed on : 21.08.2026
Signed on : 21.08.2026
-- 3 of 4 --
N/M No.2735/2019 4
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
24.08.2026 at 2.31 pm (Mrs. Poonam Y. Pawar)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.65)
HHJ Shri. A.H.Baig (C.R.No.65)
Date of Pronouncement of
JUDGMENT/ORDER
21.08.2026
JUDGMENT/ORDER signed by
P.O.on
21.08.2026
JUDGMENT/ORDER uploaded on 24.08.2026
-- 4 of 4 --