Final Order 1

Order Details: Other
Pdf Text: 07.01.2022
Sr. No.49
SU 1162/17
@NM 2740/19
Exh.5
CORAM : H.H.J. SHRI.A.H.LADDHAD (C.R. 03)
Matter called out at 4.48 p.m.
Adv. Lalita Savekar h/f Kulkarni and Associates for plaintiff present.
Adv. Sakshi Agarwal for Deft. No.2 and 3 present. She tendered VP. TOR.
Exh.5.
Heard both the sides on NM No.2740/19.
Perused NM.
Admittedly the defendants were served on 23.08.2018, however, the
defendant appeared in the matter and inspite of granting sufficient time
they have failed to file WS. During course of argument Ld. Advocate fairly
conceded that if this court is of view of condone the delay then cost may be
imposed.
Admittedly the suit is for partition and not proceeded further and trial is yet
to begin. Thus, looking to the nature of proceedings, it is desirable that the
suit should be decided on merit. The inconvenience caused can be
compensated by awarding reasonable cost.
Thus, I pass the following order.
NM is allowed in terms of prayer clause (a) and (b) subject to payment
of total amount of Rs.2500/ by the defendants to the plaintiff.
Upon payment of the cost defendant are allowed to file their WS will
be taken on record.
Costs in cause.
NM is disposed of accordingly.
Cost paid.
WS taken on record.
Matter stands adjourned to 31.03.2022 for issues.
Judge
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