Final Order 1

Order Details: Notice of Motion
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IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO.2455 OF 2018
(CNR NO.MHCC010079462018)
IN
S. C. SUIT NO.1919 OF 2017
Mrs. Sandhya Arun Kadam )..Plaintiff
V/s.
Shri. Rajesh Pandurang Kadrekar & others ).. Defendants
Appearances :
Ld. Adv. Parab for plaintiff.
None for defendant.
CORAM : HIS HONOUR JUDGE
SHAIKH AKBAR SHAIKH JAFAR
COURT ROOM NO.03
DATE : 19/10/2022.
ORDER
1 This motion is taken out by defendant for setting aside no
written statement order dated 08/03/2018 and allowing to file written
statement with condonation of delay of 196 days. It is the contention of
defendant that after the service of writ of summons they appeared
before the court and engaged counsel and instructed him to file written
statement. However, when they approached with the counsel, it
appears that there are some addition required and that counsel asked
them to bring the documents pertaining to the mother's property which
is at the native place. Therefore, they were engaged in collecting
documents. Meanwhile, the delay of 196 days in filing written
statement is caused, the defendant prayed for condonation of delay.
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2. The plaintiff replied resisting the contention that the delay
is not explained properly and prayed for dismissal of motion.
3. Heard the rival counsel of plaintiff. The counsel of
defendant remained absent when called. It appears that it is a suit for
landed property. It is well settled every suit shall be decided on its
merit. During the argument, the counsel of plaintiff has submitted that
even though the defendants are absent motion to be allowed subject to
costs. Considering the above submission, I proceed to pass the following
order :
ORDER
1. Notice of Motion No.2455 of 2018 in Suit No.1919 of 2017, is
hereby allowed subject to payment of costs of Rs.1,000/.
2. Delay stands condoned.
3. Written statement be allowed to be filed after the payment of
costs of Rs.1,000/.
4. Costs shall be paid on or before next date.
5. Notice of Motion stands disposed of accordingly.
(Order dictated & pronounced in open Court)
(Shaikh Akbar Shaikh Jafar)
Judge, City Civil Court,
Dated : 19/10/2022 C.R. No.03, Gr. Mumbai
Dictated on : 19/10/2022
Typed on : 20/10/2022
Signed on :
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“Certified to be true and correct copy of the original signed order”.
20/10/2022
at about 6.00 p.m.
(Ms. Vidya Abhijit Mande)
Stenographer (GradeI.)
Court Room No.03, Gr. Mumbai
Name of the Hon'ble Judge : Shaikh Akbar Shaikh Jafar,
Judge, City Civil Court &
Addl. Sessions Judge
Court Room No.03, Gr. Mumbai
Date of pronouncement of Order : 19/10/2022
Order signed by Hon'ble Judge on : 20/10/2022
Order uploaded on : 20/10/2022
at about 6.00 p.m.
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