Final Order 1

Order Details: Notice of Motion
Pdf Text: ORDER ..1..
MHCC010079602019
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO.2886 OF 2019
IN
EXECUTION APPLICATION NO.158 OF 2019
Mrs. Yvonne Rose Jones. … Applicant
In the matter between
Bansraj Laltaprasad Mishra(Deleted) …Plaintiff
Versus.
Stanley Parkar Jones … Defendant
Appearance
Adv. Mishra for DHR present.
CORAM : HIS HONOUR JUDGE
R.R.Patare
COURT NO.2
DATED : 13th July, 2022.
ORAL ORDER
This notice of motion is filed on behalf of JDR requesting for
restoration of Notice of Motion no.3075 of 2016. It is stated that Notice
of Motion no. 3075 of 2016 was taken out by the applicant to set aside
ex-parte order passed in Misc. Application No.85 of 2006. After filing of
said motion original plaintiff expired and accordingly necessary
amendment were carried out in the application. After filing reply notice
of motion was fixed for hearing, however the advocate appearing for
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ORDER ..2..
applicant loss papers of the file during renovation of her office. The
advocate made attempt for reconstruction of her file. The advocate
could not remain present on the date of hearing, therefore notice of
motion came to be dismissed in default.
2. It is stated that after the said order, on the same day plaintiff's
advocate remain present before the Court and requested to recall the
order. However the Court refused to entertain application and called
upon advocate to make proper application for restoration. Due to ill-
health of advocate he could not make application. The applicant has
requested for restoration of notice of motion.
3. Decree holder filed say and opposed the application. It is alleged
that judgment debtor is causing delay for the execution of decree by
filing different applications. Judgment debtor has not made out ground
for restoration of notice of motion. Sufficient opportunity was granted
to work out the matter, however the applicant did not remain present.
Therefore notice of motion came to be dismissed for default. Decree
holder has denied the contents of notice of motion and affidavit filed in
support of it.
4. Perused application, reply and heard advocate for the parties.
Notice of motion no.3075/2016 was taken out requesting to set aside
ex-parte order passed in Misc. Application no.85/2006, however same
was dismissed for default. The applicant has pointed the reasons for his
absence before the Court on the date of hearing of notice of motion. It is
seen that the absence of advocate for applicant was not deliberate. No
doubt delay is caused for execution of decree due to pendancy of
application filed on behalf of judgment debtor. In such circumstances,
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ORDER ..3..
following order is passed to meet both the ends of justice.
ORDER
Notice of motion no.2886 of 2019 is hereby allowed and notice
of motion no. 3075 of 2016 is restored to its original stage. The notice
of motion no. 3075 of 2016 be taken on record for hearing subject to
costs of Rs.3,000/-. Costs amount be paid to decree holder.
(R.R.Patare)
Judge
City Civil Court, Gr.Mumbai
Date : 13.07.2022
Typed on : 13.07.2022
HHJ signed on : 13.07.2022
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ORDER ..4..
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
DATED13.07.2022 , 5.30 p.m.
UPLOAD DATE AND TIME Mrs. V. N. Rajgole.
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
H.H.J. Shri. R.R.Patare
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
13.07.2022
JUDGMENT/ORDER signed by P.O.
on
13.07.2022
JUDGMENT/ORDER uploaded on 13.07.2022
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