Interim Order 1

Order Details: Notice of Motion
Pdf Text: NM No............/2020 ..1.. S.C. Suit No.3132/2019
CNR No.MHCC01-011637-2019
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO........... OF 2020
IN
S. C. SUIT NO.3132 OF 2019
Waheeda w/o Rizwan Shaikh. .. Plaintif
Versus
Rukayya Mohd. Amin Kazi and others. .. Defendants
Advocates
Sundas Ansari alongwith Nushrat Shah for the plaintif.
Sunjukta De for defendants.
CORAM : HIS HONOUR JUDGE
Sunil T. Soor.
(COURT No.: 2)
DATED : 21st February, 2020
ORAL ORDER
Present draft notice of motion is taken out on behalf of
defendant No.1 and 2 for condoning 38 days delay in fling
their written statement.
2. Advocate for defendant no.1 and 2 submitted that they
received summons on 07.12.2019. They required to fle their
written statement by 06.01.2020. However, matter was listed
on 28.01.2020 and the Court granted liberty to fle appropriate
proceedings for fling written statement of defendant no.1 and
2. Defendant no.1 and 2 duly served reply to notice of motion
to advocate for plaintif. But advocate for plaintif refrained to
give acknowledgment of written statement on 28.01.2020.
Defendant no.1 and 2 tried to fle their written statement in
the department however they were directed to tender the
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NM No............/2020 ..2.. S.C. Suit No.3132/2019
same before the Court. Due to above reasons, delay of 38
days is caused in fling written statement of defendant no.1
and 2. Hence prayed for making absolute chamber summons
in terms of prayer clause (a).
3. Advocate for the plaintif prayed for imposing costs of
Rs. 5,000/- as there is delay of 38 days in fling written
statement of defendant no.1 and 2.
4. From perusal of roznama dated 28.01.2020, it is evident
that advocate for defendant no.1 and 2 had submitted to take
written statement on record however the Court observed that
as 30 days period has already elapsed hence written
statement of defendant no.1 and 2 can not be taken on record
without leave of the Court. Further it is mentioned in roznama
dated 28.01.2020 that defendant no.1 and 2 are at liberty to
take appropriate proceedings for the purpose of taking written
statement on record. It further appears that on the same day
advocate for plaintif received reply of notice of motion fled
on behalf of defendant no.1 and 2.
5. So also advocate for defendant no.1 and 2 fled on
record letter dated 29.01.2020 stating that on 28.01.2020
copy of reply to notice of motion is served and written
statement of defendant no.1 was tried to be served on
advocate for the plaintif but she refrained from giving
acknowledgment in respect of service.
6. Defendant no.1 is mother and defendant no.2 is sister
of the plaintif. Plaintif is claiming permanent injunction
against defendants restraining them from alienating or
creating third party interest in fat no.301, 3rd foor,
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NM No............/2020 ..3.. S.C. Suit No.3132/2019
“Cornelian”, 104, August Kranti Marg, Mumbai 400 036. Parties
are closely related to each other and having strained relations.
Though defendant no.1 and 2 fled reply to notice of motion
and advocate for plaintif received the same on 28.01.2019
but advocate for plaintif refused to accept service of written
statement. Reasons mentioned for condoning delay in fling
written statement of defendant no.1 and 2 are satisfactorily
and reasonably explained. However admittedly defendant no.1
and 2 are fling their written statement after expiry of
limitation period. Considering the nature of suit, relations
between the parties and to decide real controversies between
the parties, notice of motion needs to be allowed in terms of
prayer clause (a) subject to costs. In the result, following
order.
ORDER
1. Draft notice of motion no........... of 2020 is allowed and
made absolute in terms of prayer clause (a) subject to
costs of Rs.1,000/- to be paid to the plaintif within 15 days
from the date of order.
2. After payment of costs, written statement of defendant
no.1 and 2 be taken on record.
3. Accordingly, notice of motion is disposed of.
4. It be registered for statistical purpose.
(S. T. Soor)
Judge
Date : 21.02.2020 Gr. Mumbai.
Typed on : 21.02.2020
HHJ signed on : 21.02.2020.
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NM No............/2020 ..4.. S.C. Suit No.3132/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
21.02.2020, 5.30 a.m.
UPLOAD DATE AND TIME Mrs. V. N. Rajgole.
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
H.H.J. Shri. S. T. Soor
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
21.02.2020
JUDGMENT/ORDER signed by
P.O. on
21.02.2020
JUDGMENT/ORDER uploaded on 21.02.2020
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