Final Order 1

Order Details: Other
Pdf Text: 14.12.2021
Sr. No. 68
SU 2497/15
@NM 3503/19
CORAM :- H.H.J. SHRI.A.H.LADDHAD (C.R. 03)
Matter called out at 3.51 p.m.
Adv. Dilip Keni for plaintiff present. He tendered reply to NM. TOR.
Adv. Samir Sarambalkar for defendant present.
Heard both the sides on NM No.3503/19.
Plaintiff seeking recalling of order dated 17.04.2018 by which draft NM filed
by them, seeking permission to file WS was dismissed. I have perused
aforesaid order. It appears that even after granting extension of time.
Defendant failed to register the NM. The defendant cited reason of
misunderstanding in the order. In fact, there is no explanation of what
misunderstanding the defendant were facing, but looking to the nature of suit
and the NM, the defendant have right to file for condonation of delay. The NM
is allowed.
Thus, I proceed to pass the following order.
1. NM No.3503/19 is allowed in terms of prayer clause (a) to (c) upon
payment of cost of Rs.2,000/- by the defendant to the plaintiff and to pay
cost of Rs.2,000/- to the DLSA.
2. Costs in cause.
3. NM No.3503/19 is disposed of.
Heard both the sides on Draft NM.
Perused NM.
Defendants seeking condonation of 610 days delay in filing WS. Admittedly,
plaintiff did not file original writ of summons. On perusal of roznama it
appears that on 13.01.2016, Deft. No.1 appeared. On 27.01.2016, his
advocate filed VP. On 29.03.2016, the WS of Deft. No.1 was ready but it was
not taken on record as it was not within time. Certainly thereafter, the
defendants could have tendered NM for condonation of delay which is
tendered at belated stage. From the aforesaid circumstances it appears that
defendant purposefully did not delay the proceedings. The WS of Deft. No.1
was very much ready on 29.03.2016. Considering the aforesaid
circumstances and looking to the fact that plaintiff filed suit for partition, the
delay can be condoned by awarding a reasonable cost. Thus, I proceed to
pass the following order.
1. Draft NM is allowed in terms of prayer clause (a) and (b).
2. Defendants are allowed to filed WS within a period of 15 days from
the date of order upon payment of cost of Rs.2,000/- to the plaintiff and
Rs.2,000/- to DLSA.
3. Upon payment of aforesaid cost, WS be taken on record.
4. Draft NM is disposed of accordingly.
Defendant is directed to register the NM for statistical purpose.
Draft NM is handed over to the defendant for registration.
Matter stands adjourned to 28.01.2022 for compliance.
Judge
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