Final Order 1

Order Details: Notice of Motion
Pdf Text: 29.11.2021
23
CORAM : HIS HONOUR JUDGE SHRI. S. T. SOOR
(C. R. No. 2)
SU 1295/2017
@ NM 3119/19
@ NM 4505/19
@ CS 1846/17
Adv Rahul Raut for plff present.
Adv Mangle for deft no. 1 to 6 present.
Adv Jain for deft no. 9 to 11 present.
Heard Adv for plff and deft no. 1 to 6 on NM 3119/20219. It
is for setting aside no reply order dated 29/07/2019 to CS
1846/2017 filed by deft no. 1 to 6. Adv for deft no. 1 to 6
orally submitted that he has no objection to allow NM.
Hence Notice of motion 3119/2019 is allowed and
disposed of.
Accordingly reply of plff to CS 1846/2017 is t.o.r.
Heard Adv for plff and deft no. 9 to 11 on NM 4505/2019. It
is for treating reply of deft no. 9 to 11 as written statement
of deft no. 9 to 11 as well as for condoning the delay in filing
written statement of deft no. 9 to 11. It is not in dispute that
deft no. 9 to 11 is contesting the suit and they have filed
reply to NM of plff. However reply being not the pleadings
as per O7 of the CPC. Hence reply cannot be treated as
written statement of deft no. 9 to 11.
However by way of prayer clause (b) of present notice of
motion, deft no. 9 to 11 are seeking permission to file their
written statement on the record. On 07/01/2021, deft no. 9
to 11 filed their written statement on the record, but since it
was beyond the period of limitation not exhibited.
Considering the fact that deft no. 9 to 11 are contesting defts
and they have filed reply to NM of plff, suit is for partition
hence fair opportunity needs to be given to deft no. 9 to 11
to decide the suit on merits. So far as delay in filing written
statement is concerned, plff can be reasonably compensated
in terms of money.
Hence Notice of motion 4505/2019 is allowed in terms of
prayer clause (b) of notice of motion subject to cost of
Rs. 3,000/ to be paid to plff before next date.
After payment of cost, written statement of deft no. 9 to 11
be taken on record and mark as exhibit.
Matter stands Adj for CS Hearing to 04/01/2022.
Judge
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