Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 3744/19 ORDER 1
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.3744 OF 2019
(MHCC010101722019)
IN
NOTICE OF MOTION NO.208 OF 2018
IN
CHAMBER SUMMONS NO. 504 OF 2016
IN
SUMMARY SUIT NO.7765 OF 1997
Muktinath Devkinandan Sharma … Plaintiff
Vs.
Galib H. Khan … Defendant
And
Dinesh M. Sharma & Anr. … Respondent
Appearances:
Ld. Adv. Mr. Prakash G. Lad for Defendant .
CORAM : HER HONOUR ADHOC JUDGE
SMT. C.V. PATIL
(C.R.NO.15)
DATE : 23rd March 2022
ORDER
1. This Notice of Motion is filed by defendant for restoration of
Notice of Motion No.208 of 2018.
-- 1 of 4 --
NM 3744/19 ORDER 2
2. The defendant requested to set aside the order dated
19.01.2019 i.e. disposing of Notice of Motion No.208 of 2018. It is the
case of the defendant that original suit No.7765 of 1997 was decreed
exparte on 02.03.2012. The defendant has filed Notice of Motion No.
504 of 2016 with request to set aside exparte decree. During pendency
of Notice of Motion the plaintiff was died and Chamber Summons
No.272 of 2017 was filed for substitute the name of the respondent in
place of plaintiff. The said Chamber Summons is also wrongly disposed
off accordingly. Notice of Motion No.208 of 2018 was filed for
restoration of the Chamber Summons. The advocate of defendant by
mistake not pressed the Notice of Motion No. 208 of 2018. But, actually
it is relevant to the original prayer i.e. restoration of Suit No.7765 of
1997 in Notice of Motion No.504 of 2016. Therefore, now by this
Notice of Motion, the defendant requested to restore the Notice of
Motion No.208 of 2018 and allowed to the defendant to proceed on
merit.
3. The defendant has filed affidavit of service to show that Notice
of Motion No. 3744 of 2019 is served to the plaintiff, but plaintiff
absent and failed to file reply. The main relief requested by the
defendant is the restoration of original suit No.7765 of 1997 in the said
suit exparte decree is passed. Thereafter, for restoration one Notice of
Motion is filed. Thereafter, for taking legal heirs on record he has filed
Chamber Summons. The said Chambers Summons is also dismissed.
Though the Chamber Summons/Notice of Motion might have been
disposed of, but one fact is clear that the defendant is not regular in
taking fallowup of the proceeding. Actually, the defendant wants to
restore too old suit which is of the year 1997. Considering nature of the
-- 2 of 4 --
NM 3744/19 ORDER 3
suit and relief requested by the defendant, it is necessary for defendant
to attend proceeding regularly and take necessary orders. But, time to
time dismissal of Notice of Motion and Chamber summons clearly
shows that the defendant is not regular in attending proceeding.
Defendant wants to restore Chamber Summons and Notice of Motion
and suit. Considering irregular attendance of the defendant it is
necessary to imposed some costs to him, with directions that in future
the defendant shall regular in taking fallowup of the pending
proceeding in the Court. Accordingly, only in the interest of justice
Notice of Motion No.3744 of 2019 needs to be restored, with following
order.
ORDER
1. Notice of Motion No.3744 of 2019 is made absolute
2. The defendant to pay costs of Rs.2,000/, which will
be credited to the State. Thereafter, Notice of Motion
No.208 of 2018 be restored.
3. The defendant further directed to take regular
fallowup of pending proceeding without any delay.
4. Notice of Motion No.3744 of 2019 is disposed of
accordingly.
sd/
(C.V. PATIL)
Adhoc Judge,
Date : 23/03/2022 City Civil Court, Gr. Bombay
Dictated on : 23/03/2022
Transcribed on : 28/03/2022
HHJ signed on : 29/03/2022
-- 3 of 4 --
NM 3744/19 ORDER 4
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload
Date
Upload Time Name of Stenographer
04.04.2022 12.10 p.m. Mr. S. V. AMBEKAR
Name of the Judge (With Court Room
No.)
HHJ Smt. C.V.Patil (CR
15)
Date of Pronouncement of
JUDGEMENT /ORDER
23.03.2022
JUDGEMENT /ORDER signed by P.O.
on
29.03.2022
JUDGEMENT /ORDER uploaded on 04.04.2022
-- 4 of 4 --