Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 2752/2019
MHCC010075912019
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO. 2752 OF 2019
IN
SUIT NO. 1684 OF 2018
Shivajirao Bajirao Ghodke ...Plaintiff.
Vs.
1. Anand Jadhav & Ors. ...Defendants
Appearance :
Adv. Mr. Bal Patil for the plaintiffs.
Adv. Mr. Suresh Kolte for the defendants.
CORAM : HHJ Rajesh A. Sasne
(C.R.NO.62)
Date : 22nd February, 2023
O R D E R
This notice of motion is taken out by the defendants for
setting aside no written statement order dated 5.04.2019 against them.
The plaintiff has failed to file reply in this motion.
2. Heard learned advocate for the defendants and the
plaintiff. Record shows that on 05.04.2019 as the defendant Nos.1 to
10 failed to file reply in the motion and the written statement to the
suit, no reply, no statement order came to be passed against them.
Therefore, to set aside the order of no written statement, the defendants
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2 NM 2752/2019
have filed this motion. Record further shows that on 24.10.2018
adjournment was sought for filing the reply and written statement. On
18.01.2019 and 18.03.2019 also the defendants did not file written
statement and say. Therefore, on 05.04.2019 no reply and no written
statement order has been passed against them. It is the contention of
the defendants that being a Cooperative Housing Society it took time to
gather information and therefore, there is delay in filing reply and
written statement. Considering the reasons stated and also giving
chance to the defendants, I am of the view to set aside the no written
statement order passed against the defendants. Hence, I pass following
order:
ORDER
1. Notice of Motion No.2752 of 2019 is allowed
subject to costs of Rs.1000/ (rupees one
thousand).
2. No written statement order dated 05.04.2019
passed against the defendants is set aside.
They are allowed to file written statement
3. Costs shall be paid to the plaintiff.
4. Notice of Motion No.2752/2019 is disposed
of accordingly.
Date : 22/02/2023 (Rajesh A. Sasne)
Dictated on : 22/02/2023. Judge, C.R.No.62,
Transcribed on : 22/02/2023. City Civil Court,
Signed on : 23/02/2023. Mumbai.
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3 NM 2752/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
24.02.2023 at 6.00 p.m. Mr. S.S. Bathe
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge(with CR No.) HHJ SHRI. R.A. SASNE (C.R.No.62)
Date of pronouncement of Order 22/02/2023
Order signed by P.O. on 23/02/2023
Order uploaded on 24/02/2023
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