Final Order 2

Order Details: Notice of Motion
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT, AT BOMBAY
NOTICE OF MOTION NO.4289 OF 2019
(CNR NO.MHCC010117662019)
IN
SUIT NO.4197 OF 2011
Shri. Gulam Hazratali Shah
Mohammad Khan
…. Plaintiff
Versus
Shri. Mahadev Damodar Kale …. Defendant
And
1. Smt. Suman Mahadev Kale and 5 Ors. .... Proposed Defendants
CORAM : HIS HONOUR JUDGE R. S. ARADHYE
C.R.No..
: 01
DATE : 21.09.2026
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Appearance :-
Adv. Sachin R. Gelye for plaintiff.
Adv. Suresh K. Mali for respondent/proposed defendants.
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ORAL ORDER
Plaintiff has moved this notice of motion for setting aside
abatement order dated 15.10.2019 and condonation of delay if any
caused. I have gone through the affidavit in support of notice of
motion filed by the plaintiff and affidavit in reply of
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respondent/proposed defendants.
2. Heard both the sides.
3. It is the case of plaintiff that during the pendency of suit sole
defendant died on 14.05.2017 leaving behind him the respondents as
his legal heirs and once he came to know about the said fact,
immediately took the chamber summons for bringing on record legal
heirs of deceased defendant. However, for non-prosecution the said
chamber summons came to be dismissed on 29.08.2018 and suit was
abated against defendant vide order dated 15.10.2019. The reason of
absence of plaintiff is the ill health of his old aged father and inability
to communicate the advocate that he could not remain present in the
Court.
4. On behalf of the respondent/proposed defendants it is
contended that there is a delay of near about 100 days in filing the
chamber summons and the explanation given for non-appearance on
the dates of dismissal order of chamber summons and abatement
order is not at all acceptable.
5. I have gone through the record which discloses that as plaintiff
failed to tender registered chamber summons so on 29.08.2018 draft
chamber summons came to be dismissed and then suit was abated for
the failure of plaintiff to take necessary steps in the matter. Within 30
days from the date of passing of the abatement order plaintiff
tendered the draft notice of motion so I think no question will arise
about any delay in taking this notice of motion. The reason of
absence on both the dates it seems to be genuine one and acceptable.
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Therefore, taking into consideration above the facts I come to the
conclusion that the notice of motion deserves to be allowed, so
accordingly in the result, following order is passed :-
ORDER
1. Notice of Motion No. 4289 of 2019 is hereby
allowed subject to cost of Rs.5,000/- (Rupees Five
Thousand only) which plaintiff to deposit in the
office DLSA, Mumbai.
2. After compliance of the order suit be restored to its
original number and Chamber Summons No.440
of 2020 be tagged with the matter.
3. Notice of Motion stands disposed of accordingly.
(Pronounced in open Court)
Date : 21.09.2026
Place : Mumbai.
(R. S. ARADHYE)
Judge,
Court Room No.01
City Civil & Sessions Court,
Greater Mumbai.
Dictated and typed on : 21.09.2026.
Signed on : 21.09.2026.
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"CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER"
DATE : 21.09.2026, AT 5.30 P.M.
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Mrs. Manasi Kadam
(Stenographer Grade-I)
Name of the Judge (with Court no.) : SHRI R. S. ARADHYE, C.R.NO.01.
Date of pronouncement of
judgment/order
: 21.09.2026
Judgment/order signed by the P.O. on : 21.09.2026
Judgment/order uploaded on : 21.09.2026
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