Final Order 1

Order Details: Notice of Motion
Pdf Text: N/M NO.3054/2019 1 in Su. No.643/2019
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT MUMBAI.
NOTICE OF MOTION NO.3054 OF 2019
IN
S.C. SUIT NO.643 OF 2019
Jayesh Surajmal Thakkar ]... Plaintiff
Versus
Mumbai Municipal Corporation of Greater Mumbai
and Ors. ]...Defendants
Ld. Adv. Apurva Mhatre i/b M/s. Indus Law for the Plaintiff
Ld. Adv. Som Sinha with Adv. Mrs. Rawade for defendant No.1 to 3 /
MCGM.
Adv. Sonika Mehta h/f Adv. Arun Mehta for defendant Nos.4 and 5
CORAM : HIS HONOUR JUDGE
Shri S.D.Kulkarni
(Court Room no. 8)
DATED : 30th September, 2021
O R A L O R D E R
1. Defendant Nos.4 and 5 taken out this Notice of Motion for
condonation of delay in filing Written Statement on record. It is alleged
by the defendant Nos.4 and 5 that defendants are senior citizens. They
have filed reply to the Notice of Motion taken out by the plaintiff but
failed to file Written Statement as there are 2 different suits pending in
respect of the suit property. Defendants are landlord of the suit property
therefore, if they were not allowed to file the Written Statement on
record, grave harm will be caused to them. Hence prayed that delay of
116 days be condoned and defendant be permitted to file Written
Statement on record.
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N/M NO.3054/2019 2 in Su. No.643/2019
2. The advocate for the plaintiff strongly opposed the
application that the reasons stated by the plaintiff for condonation of
delay are not proper, sufficient to condoned the delay.
3. Perused Notice of Motion, documents filed alongwith it.
Heard both the sides at length. It is matter of record that these
defendant Nos.4 and 5 are undisputedly landlord of the suit property
therefore, right title interest of these defendants involved in the suit.
Therefore, for final adjudication of the matter of the parties, should get
an opportunity to lead their best possible evidence. If the Written
Statement of the defendants brought on record, no harm will be caused
to the plaintiff. Considering the length of delay I am of the opinion that
delay need to be condoned for final adjudication of the matter. If the
defendant Nos.4 and 5 allowed to file Written Statement on record,
plaintiff will also suffer a loss but it can be compensated in terms of
money. Hence considering this I pass the following order.
O R D E R
1. Prayer clause (a) in terms of Notice of Motion No.3054/2019 is
made absolute subject to cost of Rs.2,000/-.
2. Defendant Nos.4 and 5 is directed to deposit the cost of
Rs.2,000/- in D.L.S.A. Office Mumbai, within 15 days from
today.
3. Notice of Motion No.3054/2019 is disposed of accordingly.
(S.D.Kulkarni)
Judge,
City Civil Court,
Date : 30.09.2021 Gr. Mumbai.
Dictated on : 30.09.2021
Transcribed on : 30.09.2021
Signed by HHJ on : 30.09.2021
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N/M NO.3054/2019 3 in Su. No.643/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 12.30 p.m.
NAME OF STENOGRAPHER : Mrs. J.S. Chavan
Name of the Judge (With Court
Room no.)
HHJ Shri. S.D.Kulkarni
C.R. no.08
Date of Pronouncement of
JUDGMENT/ORDER
30.09.2021
JUDGMENT/ORDER signed by
P.O. on
30.09.2021
JUDGMENT/ORDER uploaded
on
11.10.2021
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