Final Order 1

Order Details: Notice of Motion
Pdf Text: NM No.2910/19 ..1.. Suit No.1969/11
CNR No.MHCC01056072019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.2910 OF 2019
IN
SUIT NO.1969 OF 2011
Palaniswamy Obuly Chetty ..Plaintiff
Verses
Rangamma Obuly Chetty & Ors. .. Defendants
Mr.Pokale, Advocate for plaintiff
Ms. Ramprakash Pande, Advocate for defendant No.4
CORAM : HIS HONOUR JUDGE
SHRI. U. J. MORE
(COURT ROOM NO.08)
DATE : 28th January, 2020
: ORDER :
1. This Notice of Motion filing by the defendant No.4 the
condone the delay of 136 days in filing written statement of defendant
No.4 and take written statement on record.
2. Ld. Adv.Mr. Ramprakash Pande for defendant No.4 pithily
submitted that suit is pending from 2011 and initially suit filed against
Defendant No.1 to 3 only. Defendant No.4 added by Chamber
Summons. Vakalatnama filed in the year of 2014. In between matter is
for Notice of Motion hearing for the purpose of rejection of plaint and
Notice of Motion No.1944 of 2012 is rejected on 19.11.2016. Issues
framed in this matter on 21.06.2016. Again Notice of Motion No.1147
of 2017 is filed for rejection of plaint and Notice of Motion rejected on
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NM No.2910/19 ..2.. Suit No.1969/11
03.04.2017 and matter kept for documents admission and denial. All of
such types of developments occurs in this matter. Therefore, my Notice
of Motion may be allowed for taking written statement on record.
3. Ld. Advocate Shri. Pokale for plaintiff pithily submitted that
defendant No.4 written statement is not ready yet and they do not
specifically explained why delay for filing written statement on record.
Subject to cost it may be allowed.
4. Heard both the sides.
5. The written statement of the defendant No.4 is material to
decide the issues on law point in the interest of natural justice 136 days
delay can be condoned. Hence, I pass following order :
: ORDER :
The NM is allowed to cost of Rs.2000/ to be paid to the DLSA
on or before next date, unless cost paid W/S will not be
recorded.
(Pronounced & dictated in Open Court)
(U.J.More)
AdHoc Judge
City Civil & Sessions Court,
Date :28/01/2020 Gr. Bombay
1. Dictated on : 28/01/2020
2. Transcribed on : 28/01/2020
3. HHJ signed on : 29/01/2020
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NM No.2910/19 ..3.. Suit No.1969/11
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
01.02.2020, 11.00 a.m. Mrs. G.R.Suryawanshi
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
H.H.J. Smt.U.J. More
C.R.No.08
Date of Pronouncement of
JUDGMENT/ORDER
28.01.2020
JUDGMENT/ORDER signed by P.O.
on
29.01.2020
JUDGMENT/ORDER uploaded on 01.02.2020
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