Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM No. 4153 of 2019 in
S.C. Suit No. 3053 of 2018
MHCC010113662019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER BOMBAY
NOTICE OF MOTION NO. 4153 OF 2019
IN
S. C. SUIT NO. 3053 OF 2018
Manju Premsagar Prasad ] .. Plaintiff
Versus
Shri Chandrakant Gangaram Rahate ].. Defendant.
Appearance :-
Ld. Adv. Sumedh H. Jagtap for Plaintiff.
Ld. Adv. Rekha M. Kasar for defendant.
CORAM : HER HONOUR JUDGE
SMT. ANITA B. SHARMA
COURT ROOM NO.03
DATE : 20.04.2024
ORDER
The present notice of motion is taken out by the defendant
for seeking relief inter alia;
(a) To set-aside the order dated 29.03.2019 and allow the
defendant to file the written statement to the plaint.
(b) To condone the delay, if any.
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(c) For such further and other reliefs as the nature and
circumstances of the case may require.
2. In affidavit in support, the defendant has contended that he
had prepared the written statement and was about to file in this Court,
but as there was typographical error in the said draft and thus this
Court has refused to accept the same on record. It is further contended
that the learned advocate for the defendant was to file the written
statement on the next day, it came to her knowledge that no written
statement order has been passed on 29.03.2019. Now the defendant
wants to file his written statement. Hence, this motion.
3. Plaintiff has filed affidavit in reply wherein it has been
contended that the defendant has taken out the present notice of
motion with mala-fide intention only with a view to prolong the matter.
Thus, the plaintiff prays to dismissed this notice of motion with costs.
4. Perused the notice of motion, say and record. It appears
that the present notice of motion is pending since year 2018 and
pleadings of both the parties are completed. Therefore, their pleadings
are considered as their arguments and this notice of motion is taken up
for decision on merit.
5. The record indicates that the defendant has not filed his
written statement and thus, on 29.03.2019, suit proceeded without
written statement of the defendant. It can be gathered from the record
that if the defendant wants to set aside the aforesaid order, he has to
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take out the notice of motion within 30 days. But it appears that the
present notice of motion has filed by the defendant on 23.10.2019 i.e.
after lapse of more than five months. Now the defendant wants to
contest the matter by filing his written statement. It appears that the
dispute between the parties is in respect of the immovable property.
Therefore, it is desirable that the matter must be decided on merits by
giving opportunity to both sides, however, it is equally imperative to
compensate the plaintiff while condoning the delay. In such
circumstances, I pass following order:
ORDER
1. The Notice of Motion No.4153 of 2019 is hereby allowed in terms
of prayer Clause (a) and (b) subject to costs of Rs.3,000/- payable
to the plaintiff within one month from the date of this order.
2. After the payment of costs, the defendant is allowed to file
written statement on record.
3. The copy of written statement be served to the plaintiff.
4. The Notice of Motion No.4153 of 2019 stands disposed of
accordingly.
(Anita B. Sharma,)
Judge,
C.R. No.03
City Civil Court, Greater Bombay
Date : 20/04/2024
Dictated on : 20/04/2024
Typed on : 22/04/2024
Signed on : 23/04/2024
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S.C. Suit No. 3053 of 2018
“Certified to be true and correct copy of the original signed order”.
23/04/2024
at about 2.50 p.m.
(Dastagir Babalal Mulla)
Stenographer Grade-I
(Gazetted)
Court Room No.03, Gr.
Bombay
Name of the Hon'ble
Judge
: Smt. Anita B. Sharma,
Judge, Bombay City Civil
Court &
Addl. Sessions Judge,
Court Room No.03, Gr.
Bombay
Date of pronouncement of
Order
: 20/04/2024
Order signed by Hon'ble
Judge on
: 23/04/2024
Order uploaded on : 23/04/2024
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S.C. Suit No. 3053 of 2018
MHCC010003162024
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