Final Order 1

Order Details: Notice of Motion
Pdf Text: Daily Status
IN THE COURT OF :Court 59 ASST SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0104655/2019
Mr. Abhijeet Madhukar Kadam Vs Mr.Suhas Kashiram Tawde and Ors.
Date : 17-11-2022
Business : Matter called out at 4.47 p.m. None for plff Adv Ankita
Vishwakarma for defendant No.1, 2 and 3 present. None
present for the plaintiff. The Notice Motion No.4655/19 is
pending for hearing. Record shows that Advocate appearing
for defendants submitted on 07.09.2022 that she will not
file reply. Today advocate for defendant submitted that she
has no objection if the Notice of Motion is allowed. Thus
the Notice of Motion can be decided, even in absence of
advocate for the plaintiff. Perused the Notice of Motion and
supporting affidavit. The Notice of Motion is taken out by
the plaintiff under Order XXXII Rule 3 of CPC for
appointing defendant No.1 as guardian for minor defendant
No.3. It is contended that at the time of filing the suit,
plaintiff was not aware that defendant No.3 is a minor and
the said fact is disclosed in written statement of defendant
Nos.1 and 2. Defendant No.1 is father of defendant No.3
and thus he is natural guardian. He has no interest in the
matter adverse to that of the minor and he is fit person to be
appointed as guardian. Advocate appearing on his behalf
submits that he consents to act as guardian for defendant
No.3. The Notice of Motion, therefore, deserves to be
allowed. Accordingly, following order is passed- ORDER
1. The Notice of Motion No.4655/2019 is made absolute in
terms of prayer clause (a), (b) and (c). 2. Plaintiff shall
carry out necessary amendment in the plaint as per
Schedule of amendment, on or before next date. 3. Notice
of Motion No.4566/2019 is disposed of. Matter is adjd on
12.01.2022 for compliance
Nature of Disposal : ALLOWED
Disposal Date : 17-11-2022
Court 59 ASST SESSIONS JUDGE
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