Final Order 1

Order Details: Notice of Motion
Pdf Text: ..1.. NM 4021/2019 IN SU 2942/2013
MHCC010110812019 NM filed on : 02/11/2019
Registered on : 02/11/2019
Decided on : 18/11/2025
Duration : 06 Y : 00 M : 17 D
IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT
MAZGAON
NOTICE OF MOTION NO.4021 OF 2019
IN
SUIT NO.2942 OF 2013 (DISPOSED OF)
Pankaj Babulal Jain )..Plaintiff
Versus
Nandkishor Dadasaheb Thorat )..Defendant/
deceased
And
Shrikant Nandkishor Thorat )..Applicant
Appearances :-
Ld. Adv. Harsh Pathak instructed by Lex Firmus for plaintiff.
CORAM : HIS HONOUR JUDGE
SACHIN SURYAKANT PATIL
COURT ROOM NO.84
DATE : 18/11/2025.
ORDER
1) This notice of motion is filed for setting aside ex-parte judgment and
decree dated 15/04/2016 passed in Suit No.2942 of 2013. Heard the
argument.
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..2.. NM 4021/2019 IN SU 2942/2013
2) According to applicant, defendant in the suit No.2942/2013 was his
father who expired on 11/04/2018. His father was suffering from mental
disorder since 2011 and he suffered paralysis stroke in the year 2012.
The summons in the suit was served upon his father, but he could not
put his appearance within 10 days. Thereafter, his father had appeared
through advocate and filed chamber summons for condoning the delay
in appearance. The draft chamber summons was dismissed due to the
absence of advocate. Thereafter, the suit was decreed ex-parte. He was
not aware about the proceedings. He may be permitted to file his
appearance as legal heir by setting aside the ex-parte decree and the
matter be heard on merit. Hence, this notice of motion.
3) Advocate for plaintiff argued that no sufficient cause has been
shown. The applicant was not party to the suit. The ex-parte decree has
been passed due to the absence of defendant. No sufficient cause is
shown to set aside the ex-parte decree. Hence, the notice of motion be
dismissed.
4) This notice of motion has been filed by the legal heir of defendant
who has died after passing of the decree. The execution application
No.53 of 2018 is pending before this Court. In the execution application,
the legal heirs of deceased defendant have not been brought on record.
This applicant was not a party to the original suit. He is also not the
judgment debtor. The plaintiff in the execution application has not
brought the applicant as legal heir on record seeking the enforcement of
decree against the applicant. Admittedly, the summons was served upon
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the defendant in the original suit. Inspite of that defendant did not
appear and contest the suit. Hence, ex-parte decree came to be passed.
From the roznama, it appears that the applicant and his advocate are
absent since many dates. The applicant has not shown sufficient cause or
ground for setting aside ex-parte decree. Hence, I pass the following
order :
O R D E R
1. Notice of motion No.4021 of 2019 is dismissed.
2. Notice of motion No.4021 of 2019 is disposed of
accordingly.
(Dictated and pronounced in open Court)
( Sachin Suryakant Patil )
Judge, City Civil & Sessions Court, Mazgaon,
Mumbai, C.R. No.84.
Date: 18/11/2025.
Dictated and typed on : 18/11/2025.
Signed by HHJ on : 18/11/2025.
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..4.. NM 4021/2019 IN SU 2942/2013
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Sonali S. Naik
Name of Stenographer19/11/2025 05.30 p.m.
Name of the Judge (With C.R. No.) HHJ SACHIN SURYAKANT PATIL
(COURT ROOM NO.84)
Date of Pronouncement of
JUDGMENT / ORDER
18/11/2025
JUDGMENT / ORDER signed by P.O.
on
18/11/2025
JUDGMENT / ORDER uploaded on 19/11/2025
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