Final Order 1

Order Details: Notice of Motion
Pdf Text: .. 1 .. N/M No. 2915/19 in Suit No.2129/91
IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI
NOTICE OF MOTION NO. 2915 OF 2019
IN
Suit No. 2129 OF 1991.
Vijendra S. Kedari ...Applicant
In the matter between:
Asha Robert Londhe ...Plaintiff.
V/s.
Bombay Housing & Area Development Board & ors.
...Defendants.
Plaintiff in person.
Adv. Mr. Ghaware for Defendant No. 3
CORAM : HIS HONOUR JUDGE
MS. S. P. PONKSHE.
(Court Room No.12).
DATED : 17th SEPTEMBER, 2019.
ORDER
1. This Notice of Motion has been taken out by Defendant
No. 3 for setting aside Order dated 3.06.2019. In support of Notice
of Motion, Defendant No. 3 has filed his affidavit.
2. The Plaintiff has filed affidavit in reply and resisted the
Notice of Motion of Defendant No. 3.
3. It reveals that the Plaintiff has taken out Notice of
Motion No. 525 of 2016 for condonation of delay in filing Notice of
Motion for restoration of the Suit No. 2129 of1991. It appears that
already Defendant No. 3 has filed reply to Notice of Motion filed by
the Plaintiff for restoration of the suit bearing Notice of Motion No.
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526 of 2016 assuming that Notice of Motion No. 525 of 2016 has
already been disposed of.
4. Perused affidavit in support of this Notice of Motion and
reasons stated therein. Defendant No. 3 has given in detail about the
stages of respective dates with regard to the Notice of Motion taken
out by the Plaintiff. It appears that in fact, Notice of Motion No. 525
of 2016 is pending for its decision, in which no reply order has been
passed by this court. Thus, in such facts and circumstances, it is
desirable in view of principle of natural justice and in the interest of
justice to take on record reply to Notice of Motion No. 525 of 2016 by
setting aside order dated 3.06.2019. Hence, Notice of Motion No.
2915 of 2019 is to be made absolute in terms of prayer clause (A)
and (B). With this I proceed to pass the following order.
ORDER
1. Notice of Motion No. 2915 of 2019 is made absolute in terms
of prayer clause (A) and (B).
2. Defendant No. 3 is hereby permitted to file reply to Notice of
Motion No. 525 of 2016.
3. Notice of Motion No. 2915 of 2019 stands disposed of
accordingly.
(S. P. PONKSHE)
Judge,
City Civil Court,
Gr. Mumbai.
Dated : 20.09.2019.
Dictated on : 20.09.2019.
Typed on : 21.09.2019.
Signed by HHJ on :
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