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Court Order

Final Order 1

CNR MHCC01008713201928 Sept 2021
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 28 Sept 2021 · CNR MHCC010087132019

Order Details: Notice of Motion
Pdf Text: NM No.3199-2019 ORDER 1
MHCC010087132019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.3199 OF 2019
IN
S.C.SUIT NO.924 OF 2017
Bharati Ganesh Davadiga … Plaintiffs
Vs.
Smt. Vatsala Sham Pagare & 4 ors. … Defendants
Appearances:
Ld.Adv.Shri.V.Bhatt for plaintiff.
Ld.Adv.Smt. Anita Gaokar for Defendant nos.1 to 3.
Ld.Adv. Shri.Pathak for defendant no.4.
CORAM : HER HONOUR AD-HOC JUDGE
SMT. C.V. PATIL
(C.R.NO.09)
DATE : 28th September 2021
ORDER
1. This Notice of Motion is tendered by defendant no.1 to 3. It is
their submission that defendant no.1 is lady aged about 59yrs.,
suffering from diseases. Most of the time she has to leave at her native
place. Therefore, she could not file written statement within time.
Accordingly defendants requested to allow them to file Written
Statement on record.
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NM No.3199-2019 ORDER 2
2. Plaintiff submitted that the contents of Notice of Motion are false
one. The plaintiff agrees to the submission of defendant no.1. But he
has strong objection for defendant no.2 and 3 . He submitted that by
preparing concocted story defendants have moved Notice of Motion.
Therefore, it is strongly opposed from the side of plaintiff. The plaintiff
has filed suit for injunction against defendant no.1 to 3. Considering
relief sought by plaintiff against defendant, it is necessary to grant an
opportunity to the defendants to contest the suit. However, delay is
huge but that can be compensated in terms of money. Accordingly, in
the interest of justice Notice of Motion is allowed, subject to costs of
Rs.1000/- to the plaintiff. Hence, following order:
ORDER
1. Notice of Motion No.3199 of 2019 is allowed
subject to costs of Rs.1000/- to the plaintiff.
2. Notice of Motion No.3199 of 2019 stands disposed
of accordingly.
(C.V. PATIL)
Ad-hoc Judge,
Date : 28/09/2021 City Civil Court, Gr. Bombay
Dictated on : 28/09/2021,
Transcribed on : 30/09/2021,
HHJ signed on : 01/10/2021
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NM No.3199-2019 ORDER 3
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Stenographer
01/10/2021 1.45p.m. Mrs.Jyoti Mane
Name of the Judge (With Court Room No.) HHJ Smt. C.V.Patil (CR 09)
Date of Pronouncement of JUDGEMENT
/ORDER
28/9/2021
JUDGEMENT /ORDER signed by P.O. on 01/10/2021
JUDGEMENT /ORDER uploaded on 01/10/2021
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