Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 N/M NO.3661/19
MHCC010099962019
IN THE CITY CIVIL COURT AT MUMBAI.
NOTICE OF MOTION NO. 3661 OF 2019
IN
S.C. SUIT No. 843 of 2019
Sushil Kamlakar Bhoir ...Applicant/Orig.Deft.No.6
In the matter between
Bhushan Kamlakar Bhoir ...Plaintiff
VERSUS
1. Parshuram Ganpat Bhoir & Ors. ...Defendants.
Appearance
Ms. Priya Patil, learned Advocate for defendant No.6.
Ms. Reshmi Parab h/f.Adv.Tiwari learned Advocate for the plaintiff.
CORAM : HIS HONOUR JUDGE
SHRI. R.A. SASNE (C.R.NO.62)
Date : 4th JULY, 2022
O R D E R
Defendant No.6 has taken out this notice of motion for
condonation of delay in filing written statement and prayed to take his
written statement on record.
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2. It is the contention of the present defendant that writ of
summons was not served on him but the plaintiff had served private
notice. On 16.04.2019, he appeared through his Advocate by filing
Vakalatnama. The written statement is required to be filed within 90
days. It is his further contention that during that period for 23 months
his wife's health was not good and she has to go to hospital. He has
minor son aged 4 years. There is nobody in his family to look after his
son and wife. Beside this he has to pay attention to his business. It is
his contention that due to these reasons, he could not contact his
Advocate and instruct him to prepare written statement. The delay
caused in filing written statement is unintentional. With these
contentions, he has prayed for condonation of delay in filing written
statement.
3. The plaintiff has objected this notice of motion by filing his
reply on the notice of motion itself.
4. Heard learned Advocate for defendant No.6 and the
learned Advocate for the plaintiff.
5. Read the contents of the affidavit in support of notice of
motion and reply of the plaintiff. According to defendant No.6 during
the relevant period his wife was ill for 23 months. He has minor son of
four years. He has to take care of them. As there is nobody in his
family to look after them, he has to do all the household work as well as
to go to hospital. Beside this he has to pay attention to his business. He
submitted that that due to these reasons, he could not contact his
Advocate and instruct him to prepare written statement. The suit is for
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partition. The delay is no inordinate delay. Considering these reasons
stated in affidavit of notice of motion, the right to defend the suit
cannot be taken away. He can be allowed to file written statement.
Considering the delay caused in filing written statement, I am of the
view that the plaintiff is required to be compensated for the same.
Hence, by allowing notice of motion I pass following order:
O R D E R
1. Notice of Motion No.3661/2019 is allowed subject to costs of
Rs.1,000/.
2. Delay in filing written statement is condoned.
3. Defendant No.6 is allowed to file written statement subject to
compliance of order as to payment of costs.
4. Costs shall be paid to the plaintiff.
5. Notice of Motion No.3661/2019 is disposed of accordingly.
(R.A. SASNE)
Judge,
City Civil Court,
Date : 04/07/2022 Mumbai.
Dictated on : 04/07/2022
transcribed on : 04/07/2022
Signed on : 05/07/2022
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
06.07.2022 at 11.30 a.m. Mr. S.S. Bathe
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge(with CR No.) HHJ SHRI. R.A. SASNE (C.R.No.62)
Date of pronouncement of Order 04/07/2022
Order signed by P.O. on 05/07/2022
Order uploaded on 06/07/2022
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