Jayesh Jayant ShahVsKantilal Dharshi Shah +1 more

Date: 23-09-2019

Date: 20-11-2019
Business: Adv. Surve for plaintiff present.
Adv. Manoj Kane for defendant present.
The Ld. Advocate for the plaintiff seeks time to file reply to NM no. 3154/19.
Adjourned for reply to NM to 12.2.2020.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 12-02-2020

Date: 12-02-2020
Business: Adv. Suresh Surve for plaintiff present.
Adv. Manoj Kane for deft. nos.1 and 2 present.
Plaintiff filed reply to N/M no.3154/19.  T.O.R.
ORDER IN N/M NO.3154/19
Heard.  This N/M is tendered by defts. seeking condonation of delay in filing W/S.  Counsel for defts. submitted that deft. no.1 is 78 years old and is not keeping well.  He was admitted thrice in Lilawati Hospital for treatment of kidney and has to go for dialysis alternate day.  Deft. no.2 has to take care of deft. no.1 and also she has to care of her husband who is handicapped.  For the said reasons, defts. could not provide information to the advocate for filing W/S and therefore seeks leave of this court to file W/S.
The N/M is opposed mainly on the ground that the reasons for delay are not justifiable.  The defts. were casual in their approach.  Deft. no.1 approached to Prothonotary Sr. Master, Hon\''ble High Court for obtaining the certified copy of the testamentary petition.  The decision of Prothonotary for granting certified copy to the deft. no.1 was challenged and it was held by the Hon\''ble High Court that deft. no.1 is not entitled for certified copy. He would submit that sufficient cause is not made out by the deft.
The contention of the defts. that deft. no.1 is unwell is not supported by any document.  The reason assigned by the defts. do not appear to be justifiable.
Be that as it may, the matter is not cropped up for evidence and is at initial stage.  The delay is of two months 29 days.  The substantial rights of the parties are involved.  If hyper-technical and pedantic approach is taken in such type of matter, then it would amount to deny the substantial rights of the parties.  No prejudice would be caused to the plaintiff if W/S is taken on record. It would be in the interest of parties if the matter is decided on merits.  Hence, in the interest of justice, N/M needs consideration and therefore, it is expedient to pass the following order.
ORDER
1.    N/M No.3154/19 is made absolute in terms of prayer clause (a) subject to cost of Rs.2,500/- to be paid by defts. to plaintiff within a period of two weeks from today.
2.    Payment of cost is subject precedent.
3.    On payment of cost, the W/S be taken on record.
4.    N/M No.3154/19 is disposed off accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 12-02-2020

Main Case No: SUIT/0100944/2019
Main Cnr: MHCC010019962019
Main Filing No: 111447

Filing Number: 109112/2019
Filing Date: 20-08-2019
First Hearing Date: 23rd September 2019
Decision Date: 12th February 2020
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE