Final Order 1

Order Details: Other
Pdf Text: Advocate Sharmili Mhatre for Plaintiff present and submitted that Plaintiff is not going to file reply
to Notice of Motion no.3806/19 and Plaintiff intends that if at all said Notice of Motion is going to
be allowed some costs should be directed to be paid to Plaintiff. Advocate Gala for Defendant
present and filed registered Notice of Motion no.3806/2019 with affidavit in support, t.o.r. Advocate
Mr. Gala submitted that the Notice of Motion is taken out by Defendant no.1 and 2 even though 90
days are not passed from the date of service of writ of summons. Considering the fact that age of
Defendant nos.1 and 2 is 85 and 81 years respectively, I find that it will not be proper to direct them
to pay cost to Plaintiff as those Defendants are intending to file their Written Statement within 90
days from the date of service of summons, hence I proceed to pass following order - ORDER
Notice of Motion no.3806 of 2019 is made absolute in terms of prayer clause (a) and (b). Written
Statement filed by Defendant nos.1 and 2 is t.o.r. and marked as Exh.3. Plaintiff&amp#039s
advocate sought extension of time for filing affidavit of service of writ of summons against
Defendant no.3 and 7. Case is adjourned to 15/01/2020 for filing affidavit of service of writ of
summons in respect of Defendant nos.3 and 7.
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