Final Order 1

Order Details: Notice of Motion
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IN THE COURT OF :COURT 01 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0103586/2019
Premkumar Kalpanath Yadav Vs 1.Jamunaprasad Ramraj Yadav 2. Lorik Ramraj Yadav 3. Achhelal Ramraj Yadav
Date : 17-09-2021
Business : Adv. S.G. Mahamuni for plaintiff is present. Adv.
Rahul Bhosale for defendants is present. Defendant
no.2 is present. Order below NM No.3586/19
Perused the notice of motion and reply. Heard both
the sides. The main suit u/s 6 of the Specific Relief
Act for restoration of the possession. As per order
dtd. 09.04.2018 the case is proceeded without
written statement of defendants no.2 and 3. It is
submitted that the defendant is an auto rickshaw
driver and due to the financial difficulty he could
not keep track on the case. It is further submitted
that the defendants no. 2 and 3 are ready to file the
written statement on record. The contents of para
no.5 and 6 shows about the absence of an advocate.
Today the defendant no.2 who is present before the
Court also has submitted that he intends to change
the previous lawyer and on next date will file the
written statement. It is the trite law that for any
mistake of part of the advocate the litigant should
not suffered. The parties to the suit are close
relatives and as mentioned initially settlement talks
were in progress. As the settlement has failed, the
defendants now intends to contest the suit on
merits. Hence, for giving one opportunity and also
for deciding the suit on merits, in the interest of
Justice, I pass the following order ORDER Notice of
Motion No. 3586/19 is allowed and made absolute
interms of prayer clause (a) to (c) subject to the
condition that on next date the defendants no.2 and
3 shall file the written statement on record. Notice
of motion is disposed of accordingly.
Nature of Disposal : ALLOWED
Disposal Date : 17092021
COURT 01 ADDL SESSIONS JUDGE
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