Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 C.R. No.03
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2 C.R. No.03
23.07.2025
Sr. No. 26
SU 465/19
NM 1247/23
CS 2018/22
CS 2019/22
NM 2745/19
Exh. 8.
Exh.9.
CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
None present.
Record shows that the sole plaintiff is expired. Defendant No. 1 has
filed Notice of Motion No. 1247/2023 to condone delay of 154 days
to file Written Statement. The suit is for partition and plaintiff is
expired, hence, to see who is interested to proceed with the suit it is
essential to permit the defendant No. 1 to file the Written Statement
hence Notice of Motion No. 1247/2023 is allowed without costs.
Accordingly Notice of Motion stands disposed of. Accordingly
Written Statement of defendant No. 1 is taken on record and
marked with Exh. 8. Defendant No. 1 to file affidavit in support of
Written Statement on next date. In view of death of plaintiff Notice
of Motion No. 2745/2019 and Chamber Summons 2018/2022
becomes infructuous, hence disposed of.
In view of order dtd. 24.01.2023 and fact that costs is paid on
08.03.2023 Written Statement of defendant No. 2 (a) to 2 (d), 3 and
4 is taken on record and marked at Exh.9. Those defendants to file
affidavit in support of Written Statement on next date. The plaint is
silent as to proper description of the suit property in terms of Order
7 Rule 3 of CPC or and documents like property card, share
certificate, photo pass or equivalent documents in terms of Para 8,
Chapter 2 of Civil Manual. Hence the present parties on record to
argue on chamber summons No. 2019/2022 and also submit who
want to continue the suit. The person who wishes to continue the
suit to take steps to bring legal Representative of the plaintiff on
record and comply aforesaid directions.
Matter stands adjourned to 07-10-2025 for compliance.
Judge
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