Final Order 1

Order Details: Notice of Motion
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IN THE COURT OF :COURT 01 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0104284/2019
M/s. K.J. Constructions Vs Shubhangi Chandrakant Raut and Ors.
Date : 07-09-2021
Business : Adv.Krishana Patil for plff is present. Adv. Abhay
Parab for deft no. 6 is present. Adv. Sandip Sharma
for deft no.1 to 5 is present. Adv.for deft no.6 filed
rejoinder. T.O.R. Adv.for deft requested for copy of
NM. Order below NM No. 4284/19 Perused the
notice of motion which is supported by an affidavit
of defendant no.6 Shashikant Goyal. Also perused
the affidavit in reply of plaintiff being executed by
Jasraj Purohit. Heard Ld. Adv.for plaintiff and
defendant no.6. It is submitted that the written
statement of defendant no.6 is reading in all respect
and can be filed on next date. Genuine reasons have
been mentioned in para no.1 and 2 of the affidavit
in support of the notice of motion. It is trite law that
for any omission or mistake on part of the advocate,
the litigant should not suffer. Otherwise also it is
submitted that the husband of the applicant was
suffering from acute cancer from till his death. Thus
considering the nature of the suit in my opinion one
opportunity needs to be granted to defendant no.6
to contest the suit on merits by filing the written
statement on record. Therefore in the interest of
Justice, I pass the following order. ORDER Notice of
Motion No. 4284/19 is allowed and made absolute
interms of prayer clause (a) and (b) subject to the
condition that defendant no.6 shall file written
statement on record on next date and shall also
serve the copy of same to the plaintiff. Order below
NM No. 4272/18 Adv.for defendant no.6 has not
pressed this notice of motion, therefore Notice of
Motion No. 4272/18 stands disposed of as
withdrawn. Order below NM No. 4297/18 Perused
the notice of motion and reply. Heard both the
sides. I have also perused the order dtd. 05.09.2018,
the Ld. Adv.for the defendant has strongly opposed
the notice of motion. On perusal of the previous
roznamas it shows that the affidavit in lieu of
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examination in chief is already placed on record but
as the documents where not served upon the
defendants. The said order is passed. The Adv.for
the plaintiff has submitted that the plaintiff is ready
to supply a fresh copies of evidence, documents
upon the defendants till next date. Even otherwise
defendant no.6 has granted to permission to file
written statement and considering the same there
may be some additional issues or additional
evidence. Considering overall circumstances and as
the matter is old one to avoid the delay in its
disposal, I pass the following order. ORDER Notice
of Motion No. 4297/18 is allowed and made
absolute in terms of prayer clause (a) and (b)
subject to condition that the plaintiff shall comply
with the directions that, he will not seek any
adjournment for the purpose of evidence.
Nature of Disposal : ALLOWED
Disposal Date : 07092021
COURT 01 ADDL SESSIONS JUDGE
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