Final Order 1

Order Details: Notice of Motion
Pdf Text: NM No.2974/19 1 Order.
MHCC010081342019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO.2974 OF 2019
IN
S. C. SUIT NO. 918 OF 2016
Mr. Sanatan Shripati Dandavate )..Plaintiff
Versus
1. Mr. Pradip Sanatan Dandwate
2. Mrs. Ujwala Pradip Dandwate )..Defendants
Appearance:-
Adv.Suresh Jadav for plaintiffs.
Adv. Ajit Singh Ghorpade h/f Adv. Taral for defendant.
CORAM : HER HONOUR JUDGE
MRS. MADHURI M.DESHPANDE.
(COURT NO.66).
DATE : 16th October, 2025.
ORDER
1. The plaintiff has filed present Notice of Motion to condone the
delay of 412 days caused in filing present Notice of Motion and to set
aside order dated 17.3.2018 and restore the present suit to the file for
hearing on merits.
2. The contention of the plaintiff is that he has filed the present suit
against his son i.e. Defendant No.1 and daughter in law Defendant
No.2. He has acquired the suit premises from his own funds and as
such, the suit premises is his self acquired property and he is in
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NM No.2974/19 2 Order.
exclusive possession thereof. Defendants have no right, title and interest
in the suit property nor they are in possession of the suit premises. In
the month of July, 2017 as his village house was collapsed due to
natural calamities and his wife was suffering from serious injuries, he
went to his native place. Since he is 63 years old retired person and
suffering from various illness and not having sufficient source of
income, he has to borrow money from his relatives and paid the medical
expenses of his wife and started construction work of his broken house.
The plaintiff has also produced photographs of his collapsed house.
Thereafter, he met with serious illness. Due to these aforementioned
circumstances, he faced financial crisis and was not in a position to
attend the dates of the hearing before this court or to contact his
Advocate for instructing him about the aforesaid facts. Due to aforesaid
circumstances, he could not remain present before the court on
17.3.2018 and therefore, order of dismissal of the aforementioned suit
came to be passed. If present Notice of Motion is not allowed, the
plaintiff will suffer an irreparable loss which cannot be compensated in
terms of money as defendants may at any point of time, dispossess him
from the suit premises. The plaintiff therefore prayed that delay of 412
days caused in filing present Notice of Motion be condoned and order
dated 17.3.2018 be set aside and suit be restored to file for hearing on
merits.
3. Defendants have filed reply to the Notice of Motion. It is
contended that plaintiff has taken out present Notice of Motion after 1
year and 138 days and plaintiff has not explained the delay properly.
Defendant No.1 is a poor person working on contract basis. The
plaintiff has given suit property to the defendants and defendants are
residing peacefully in the suit premises. The suit premises was not in a
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NM No.2974/19 3 Order.
good condition, therefore, they decided to repair the same. They have
taken loan from Hindustan Bank and repaired the same. As per request
of the plaintiff, they have taken loan from the Bank and now the
plaintiff is seeking their dispossession from the suit premises. They are
ready to handover the possession of the suit premises to the plaintiff but
some actual expenditure amount tranferred to the defendants which
was expanded by the defendants. The plaintiff has fraudulently annexed
the photographs of the village house but actually said photograhs are
making new construction of the house. The plaintiff is using the said
photographs for codonation of delay in filing present Notice of Motion.
The court has given ample opportunities to the plaintiff to proceed with
the matter but the plaintiff is not interested in proceeding with the
matter, hence suit came to be dismissed. In the above circumstances, if
Notice of Motion is allowed, defendants will suffer an irreparable loss
and prejudice which cannot be compensated in terms of money. The
plaintiff has not come before this court with clean hands. The
defendants therefore, prayed to reject the present Notice of Motion.
4. Heard learned counsel for plaintiff. Reply filed by the Defendants
is considered as arguments of the defendants. Gone through the record.
5. On perusal of Record and proceedings, it appears that Defendant
No.1 and 2 are son and daughter in law of the plaintiff. The plaintiff
has filed present suit for possession of the suit premises. The suit came
to be dismissed in default. The plaintiff has taken out present Notice of
Motion for condonation of delay of 412 days and for restoration of Suit
No.918 of 2016 which was dismissed in default on 17.3.2018. It is a
fact that plaintiff is aged about 65 years and father of Defendant No.1.
Considering the age of the plaintiff and present suit is filed for
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possession, I find it just and proper to condone the delay and restore the
suit to its original stage. It is also a fact that non appearance of the
plaintiff before the court, has caused inconvenience to the defendants
and therefore, defendants should be compensated in terms of money.
Thus, in the interest of justice, the present Notice of Motion deserves to
be allowed and suit be restored to its original stage. Hence, the
following order:-
ORDER
1. Notice of Motion No.2974 of 2019 is allowed in terms of prayer
clause (a) and (b).
2. Delay caused in taking out Notice of Motion is condoned.
3. Order dated 17.3.2018 passed in S.C. Suit No.918 of 2016 is set
aside and S.C.Suit No. 918 of 2016 is restored to its original stage on
payment of costs of Rs. 2,000/- to be paid by the plaintiff to the
defendants.
4. Notice of Motion No.2974 of 2019 is disposed of accordingly.
(MRS. M.M.DESHPANDE)
Judge,
Date : 16.10.2025 City Civil Court, Mumbai
(Court No.66)
Dictated on : 16.10.2025.
Transcribed on : 16.10.2025.
Signed on : 16.10.2025.
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographers: B.S.Parab
Upload date and time: 17.10.2025 at 5.42 p.m.
Name of the Judge HHJ MRS. M.M.DESHPANDE
Court No.66
Date of Pronouncement of Order 16.10.2025
Order signed by P.O. on 16.10.2025
Order uploaded on 17.10.2025
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