Full Order Text
Final Order 1 · 04 Feb 2021 · CNR MHCC010098632019
Order Details: Notice of Motion Pdf Text: Back Daily Status IN THE COURT OF :COURT 14 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0103625/2019 Mrs Kamrunissa Daughter of Haji Vs Mohomed Ayoob Haji Mohomed Yakub And Ors Date : 04-02-2021 Business : Adv. Sagar Batavia for plaintiff present. None for defendant. Order below NM no. 3625/19 Perused the Notice of Motion which is supported by an affidavit being executed by Plaintiff Kamrunissa Haji Mohd. Yakub. In the affidavit of service the defendant nos. 1 and 5 are shown to be expired. In affidavit of service it is mentioned that defendant no. 2,3,4,6 and 7 are duly served but none appeared from them. I have perused the order dtd. 19.10.2013 wherein the suit was dismissed in default. It is pertinent to note that the main suit is for partition and the relief herein for deciding the shares. In Para no. 5 to 8 genuine reasons are mentioned for not attending the Court. I am satisfied for the reasons mentioned in affidavit in support for restoration of suit. So far as delay is concerned, in my opinion certain cost being paid to the DLSA, Mumbai will suffice the purpose. Hence, I pass the following order- ORDER Notice of Motion No. 3625/19 is allowed in terms of prayer clause (a) and (b) subject to plaintiff paying cost of Rs. 1000/- to the DLSA, Mumbai within two weeks. NM is disposed of accordingly. Nature of Disposal : ALLOWED Disposal Date : 04-02-2021 COURT 14 ADDL SESSIONS JUDGE -- 1 of 1 --