Final Order 1

Order Details: Notice of Motion
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IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO.3255 OF 2019
(CNR NO.MHCC010088722019 )
IN
SUIT NO.2957 OF 2014
Madrasa Jamia Nooriya & Masjid eBaitul )
Mamoor )..Plaintiff
V/s.
Aktar Ali Lashkar & Ors. )..Defendants
Appearance :
Ld. Adv. Ajitkumar Bhosle for plaintiff present.
Ld. Adv. Noman Jafri for defendant present.
CORAM : HIS HONOUR JUDGE
SHAIKH AKBAR SHAIKH JAFAR
COURT ROOM NO.03
DATE : 10/02/2023
ORDER
1 This notice of motion is taken out by the defendants for
condoning the delay in filing written statement and to set aside the ex
parte order, contending that the defendants are residing on separate
addresses, therefore, they could not come together and file the written
statement on time and delay of 269 days was caused. Meanwhile, the
order of exparte evidence was passed against them on 25/10/2018.
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2 The plaintiff resisted the contention by filing reply,
contending that the defendants have not mentioned proper reason and
wants to grab the property of plaintiff. Therefore, prayed for dismissal
of notice of motion.
3 Heard, rival parties at length.
4 It is well settled that every matter is required to be decided
on its merit. Thus, the defendants deserve to be permitted to file
written statement. So far as the delay is concerned, without going to
the merit of reason, I am of the view, that the delay may be well
compensated by imposing costs. Hence, in view of the above discussion
this notice of motion deserves to be allowed, in terms of following
order :
O R D E R
1. Notice of motion no.3255/2019 in S. C. Suit no. 2957/2014,
is hereby allowed.
2 Delay stands condoned subject to payment of costs of
Rs.3,000/.
3. The written statement already tendered be exhibited after
payment of costs on or before next date.
4. Defendants are directed to pay the costs of Rs.3,000/ in the
office of plaintiff.
5. Plaintiff is directed to issue the receipt of the same.
6. Defendants are directed to file copy of receipt on record.
7. After the payment of costs, Order of exparte evidence shall
also stands set aside.
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8. Notice of Motion no. 3255/ 2019 is disposed of accordingly.
(Dictated and pronounced in open Court).
(Shaikh Akbar Shaikh Jafar)
Judge, City Civil Court, Gr. Bombay.
Date: 10/02/2023. C.R. No.03
Dictated on : 10/02/2023.
Transcribed on : 10/02/2023.
Signed by HHJ on :
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“Certified to be true and correct copy of the original signed order”.
15/02/2023
at about 11.25 a.m.
(Ms. Pradnya Mahale)
Interpretor
Court Room No.03, Gr. Mumbai
Name of the Hon'ble Judge : Shaikh Akbar Shaikh Jafar,
Judge, City Civil Court &
Addl. Sessions Judge
Court Room No.03, Gr. Mumbai
Date of pronouncement of Order : 10/02/2023
Order signed by Hon'ble Judge on : 14/02/2023
Order uploaded on : 15/02/2023
at about 11.25 a.m.
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