Final Order 1

Order Details: Notice of Motion
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IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO. 4339 OF 2019
IN
SC SUIT NO.770 OF 2019
(C.N.R.No.MHCC01-011920-2019)
Shri Suresh Sayaji Kajrolkar ] …. Plaintiff.
V/s.
Smt. Ratnaprabha Totoba Rane and Ors. ] ..Defendants.
Appearance :
Learned Adv. Bhuta for the plaintiff.
Learned Adv. Mr. B. A. Pawar for defendant No.1.
Learned Adv. Mr. Sachin Kadam for defendant Nos.2 to 4/State.
CORAM : HIS HONOUR JUDGE
SHRI. A. S. KAZI.
(C.R.NO.09)
DATE : 28th JUNE, 2024
ORAL ORDER
Heard Ld. Counsels for plaintiff and defendants.
2. In view of the above, following points arise for my
determination and I have recorded my findings thereof for the reasons
enumerated hereinafter :
Sr. No. POINTS FINDINGS
1 Whether the delay in filing the written
statement by defendants deserves to be
condoned?
In the
Affirmative.
2 What order? As per the final order
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R E A S O N S
AS TO POINT NO.1 :
3. It appears that, there is a delay in filing the written
statement. Hence, defendants pray for condoning the same.
4. The plaintiff opposed the above Notice of Motion on the
ground that, no reasonable cause is shown to condone the same and
alternatively submitted for imposition of costs. After hearing both the
sides at length, in my opinion, procedural law is the hand maid of
justice and not its master. So when technical considerations are petted
against substantial justice, the Court should endeavor to advance the
cause of justice. In the present matter, therefore, if the delay is not
condoned, the defendant will loose its right of contesting the matter on
merits. As against this, if the delay is condoned, at the most the plaintiff
can contest the suit on merits. Therefore, I proceed to pass following
order:-
ORDER
1. Notice of Motion No. 4339 of 2019 in Suit
No.770 of 2019 is allowed.
2. The delay in filing the written statement is hereby
condoned.
3. No order as to cost.
4. Notice of Motion is disposed of accordingly.
(A. S. Kazi)
Judge,
City Civil Court,
Date: 28.06.2024 Gr. Bombay.
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Dictated on : 28.06.2024
Transcribed on : 28.06.2024
Signed on : 28.06.2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
28/06/2024 At 04.50 P.M. Ms. Manisha D. Hirole
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court Room
Number)
HHJ SHRI. A. Z. KAZI
(C.R.NO.09)
Date of pronouncement of Judgment/
Order
28.06.2024
Judgment/Order signed by P.O. on 28.06.2024
Judgment/Order uploaded on 28.06.2024
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