Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 3174-2019 IN SU NO.1188-18
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
GREATER BOMBAY
NOTICE OF MOTION NO. 3174 OF 2019
(CNR NO. MHCC01-008636-2019)
IN
NOTICE OF MOTION NO.3511 OF 2018
IN
L.C. SUIT NO. 1188 OF 2018
Kailash Kantaprasad Kanojiya & Others .... Plaintiffs
Versus
M/s. Y.H. Associates & Others .... Defendants
CORAM: H.H.AD-HOC JUDGE & ADDL.
SESSIONS JUDGE,
SHRI. K. P. KSHIRSAGAR,
(C.R. No.05).
DATE : 4th October, 2021.
Appearance:
-
Shri. Rajesh Jain; Ld Advocate for plaintiff.
Smt. Kumuda Soraan @ Shri. Amol Diwate; Ld Advocate for defendants
No.5 & 7/MCGM.
Ms. Ruchita Desai; Ld Advocate for defendant No.1 to 3.
ORAL ORDER
1) Plaintiff has taken out this Notice of Motion for condonation
of delay for filing reply to the notice of motion taken out by defendant
No.3 and for taking his reply to the notice of motion taken out by the
defendant No.3 on record.
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2 NM 3174-2019 IN SU NO.1188-18
2) Perused the notice of motion, affidavit in support of notice of
motion and affidavit in reply of defendant No.2 and record. Heard the Ld
Advocate for plaintiff and Ld Advocate for defendant Nos. 1 to 3.
3) From the notice of motion it appears that plaintiff wants to
file affidavit in reply to notice of motion No. 3511/18 taken out by
defendant Nos. 1 to 3 for returning the plaint under Order 7 Rule 10 of
the Code of Civil Procedure. From the affidavit in support of notice of
motion there appears just cause for non filing of reply to notice of motion
No.3511/18 earlier. The affidavit in reply of the plaintiff is ready and it is
already tendered alongwith the present notice of motion. Therefore, in
order to give fair opportunity to the plaintiff and for proper adjudication
the affidavit in reply of the plaintiff appears necessary. No prejudice will
be caused to the defendants if the present notice of motion is allowed.
Therefore, in the interest of justice present notice of motion deserves to
be allowed. Hence, court proceeds to pass following order:-
ORDER
1) Notice of Motion No. 3174/19 is allowed.
2) Affidavit in reply of plaintiffs to the notice of motion
No.3511/18 be taken on record.
3) Notice of Motion No. 3174/19 is disposed of acordingly.
Date:04/10/2021. (K.P. Kshirsagar)
Ad-Hoc Judge
C.R.No.5
City Civil Court
Gr. Bombay
Dictated & typed on : 04/10/2021.
Checked on : 04/10/2021.
Signed by HHJ on : 04/10/2021.
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3 NM 3174-2019 IN SU NO.1188-18
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
05/10/2021. Mrs. S.A. Shekade.
Name of the Judge (With Court room
no.)
SHRI K.P. Kshirsagar (Court Room
No.05)
Date of Pronouncement of
JUDGMENT/ORDER
04/10/2021.
JUDGMENT/ORDER signed by P.O.
on
04/10/2021.
JUDGMENT/ORDER uploaded on 05/10/2021.
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