Final Order 1

Order Details: Notice of Motion
Pdf Text: MHCC010076942019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 2791 OF 2019
IN
LONG CAUSE SUIT NO.658 OF 2012
Smt. Chandrabai Maruti Pawar ... Plaintiff
V/s.
The Municipal Corporation for
Greater Bombay ...Defendants
CORAM : HIS HONOUR JUDGE
SHRI. RAJESH K. KHOMANE
CITY CIVIL COURT
GR. BOMBAY ( C.R.NO.06)
DATE : 03/01/2023
Adv. Ms. R.R.Khosla for the plaintiff.
Adv. Ms. Meena Dhuri for the defendants.
ORAL ORDER
1. This Notice of Motion is for restoration of L.C. Suit No.
658/2012 on its original number which is dismissed for non prosecution
on 21.02.2019.
2. In brief, case of the applicant is that he was original
plaintiff in L.C.Suit No. 658/2012. This suit was filed for injunction
against defendants/BMC. There were other matters with similar issues,
namely S.C. Suit No. 652/2012, L.C.Suit No.656/2012, L.C.Suit No.
657/2012. L.C.Suit No.835/2012, L.C.Suit No.1396/2012, L.C.Suit No.
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1397/ 2012 which were always appearing together, as group matters,
from the date of filing alongwith L.C.Suit No. 658/2012. On 03.01.2019
L.C.Suit No. 658/2012 was adjourned on 21.02.2019 and rest of the
suits were adjourned on 14.03.2019. Learned advocate for the plaintiff
was under the genuine impression that all the suits would appear
together on 14.03.2019. So, the plaintiff and his advocate were
remained absent on 21.02.2019. On that day, the Court pleased to
dismiss the suit for want of prosecution. However, according to the
applicant , his advocate was under impression that this suit would be
appeared alongwith rest of the matters 14.03.2019. Therefore, on
21.02.2019 his advocate not attended the matter. Hence, according to
him, their mistake is bonafide. So by this notice of motion he is praying
to restore L.C. Suit No. 658/2012 by its original number by setting aside
order of dismissal for want of prosecution.
3. The defendants/BMC has filed reply and resisted the notice
of motion. It is contended by the defendants/BMC that no sufficient
cause and explanation for restoration of the suit has been given. There
is a delay in filing notice of motion. Therefore, the defendants/BMC
pray for dismissal of the notice of motion.
4. Heard both the sides advocates. I have gone through the
notice of motion and reply.
5. It is not in dispute that alongwith L.C.Suit No. 658/2012
there were other seven suits with similar issues. All matters were
appearing together since 04.07.2012 to 03.01.2019. It is also not in
dispute that on 03.01.2019 this matter was adjourned to 21.02.2019
where as rest of the matters with similar issues adjourned on
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14.03.2019. Thus, taking into consideration this fact, the contention of
the applicant that his advocate was under genuine impression that all
matters adjourned on same date appears to be convincing. Therefore, in
the interest of justice, prayer of the plaintiff for restoration of the
present suit deserves to be allowed. With this , I pass the following
order.
ORDER
1. Notice of Motion No.2791/2019 is made absolute
as per terms of prayer clause (a) and (b) subject to cost of
Rs.2000/ to District Legal Services Authority
2. Notice of Motion No.2791/2019 is disposed off.
(Rajesh K. Khomane)
Date 03/01/2023 Judge,City Civil Court,
Gr. Bombay .
Dictated on :03/01/2023
Typed on : 03/01/2023
Signed on :
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4 N/M No.2791/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
04/01/2023 05.30 p.m. ( Mayuresh P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Shri. R. K. Khomane (C.R.No.06)
Date of Pronouncement of
JUDGMENT/ORDER
03/01/2023
JUDGMENT/ORDER signed by
P.O.on
04/01/2023
JUDGMENT/ORDER uploaded on 04/01/2023
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