Loytin Thomas CorreaVsMr. Nusli N. Wadia

Date: 24-07-2025
Business: 24/07/2025 CORAM- H.H.J. Ad-Hoc Judge City Civil Court and Addl. Sessions Judge Smt. N. S. Anekar (C.R. No.6)
SU- 1440/2019
Adv. Mohit for plff. present.
Adv. Kalawadiya for defendant no. 4 present
Advocate for the plaintiff tendered Original Chamber Summons No. 727/2025 alongwith supporting affidavit. t.o.r.
Order on NM no. 714/2022
Present NM is taken out by defendant no. 4 for condoning the delay of 855 days in filing the written statement. It is claimed in the NM that, the defendant has also preferred NM no. 2457/2019 for rejection of plaint under order 7 rule 11, and therefore since the complete information to file the w/st was not received, no written statement would be filed within the stipulated period. Thereafter due to COVID pandemic the limitation period was suspended. Therefore, there is a delay of approximately 855 days in filing the written statement. If the delay is not conduct defendant no. 4 would suffer with the prejudice. Hence the NM
	The NM has been resisted by the plff. by filing reply contending the sufficient opportunity was given to defendant no. 4 to file the written statement. But it is not filed. The delay is not reasonably explained. Therefore plff. has prayed for the dismissal of the present NM.
	I have heard both the sides. I have gone through entire record of the case. The suit is for declaration and induction in respect of the suit plot as described in the plaint and for perpetual injunction. With respect to the nature of the suit, if one opportunity is not given to defendant no 4 to place on record the written statement, defendant no. 4 would suffer with the prejudice. As against this, if such opportunity is given, the plff would not suffer with serious prejudice and the suit would proceed on merits. Therefore, in the interest of justice and in order to have fair trial, when effective hearing of the suit has not yet commenced, I am inclined to consider the present NM. But delay caused needs to be sufficiently compensated. Therefore I am inclined to impose reasonable costs on defendant no. 4. Hence the order.
1.	The NM is made absolute in terms of prayer clause A and B subject to 	costs of rs. 1,000/- to be deposited with DLSA Mumbai on or before next 	date.
2.	On depositing the costs the written statement of defendant no. 4 be taken 	on record.
3.	The NM stands disposed off.
Adjd for Compliance / W/st to 29-10-2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-10-2025

Date: 29-10-2025
Business: P. O. is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-11-2025

Date: 28-11-2025
Business: 28-11-2025 CORAM- H.H.J. Shri. N. D. Khose Judge City Civil Court and Addl. Sessions Judge (C.R. No.6)
SU- 201440/2019
Plaintiff present.
Adv for plaintiff absent.
Advocate Anil Nikam for defendant no. 4 present.
Advocate Sonal More for defendant no. 1 to 3 present.
Adv for defendant no. 4 filed pursis a/w copy of receipt of cost of Rs. 1000/-.
Adjourned for Notice of Motion for hearing no. 441/2022 to 13-03-2026
Next Purpose: NOTICE OF  MOTION FOR HEARING
Next Hearing Date: 13-03-2026

Date: 13-03-2026
Business: P. O. has gone to Bhopal for Training.
Adjd. to
Next Purpose: NOTICE OF  MOTION FOR HEARING
Next Hearing Date: 04-05-2026

Date: 04-05-2026
Business: 04/05/2026 CORAM- H.H.J. Shri. T. T. Aglawe Judge City Civil Court and Addl. Sessions Judge (C.R. No.6)
SU-1440/2019
Adv. Mohit Darji h/f adv Tiwari for plff. present.
Adv. Kalawadia for def no. 4 present.
It is pointed out that def no. 4 has complied the order passed on NM.
Exh.11 W/st of def no. 4
Adjd for NM For Hearing to 27-07-2026
Later on
Adv. Maurya h/f adv. Sonal Maurya for def no. 1 to 3 present.
Next Purpose: NOTICE OF  MOTION FOR HEARING
Next Hearing Date: 27-07-2026

Date: 27-07-2026
Business: Po is on Leave
Next Purpose: NOTICE OF  MOTION FOR HEARING
Next Hearing Date: 05-10-2026

Date: 05-10-2026
Business: PO is on special leave
Next Purpose: NOTICE OF  MOTION FOR HEARING
Next Hearing Date: 05-01-2027

Main Case No: Civil Suit/0201440/2019
Main Cnr: MHCC040035312019
Main Filing No: 503

Filing Number: 5511/2025
Filing Date: 16-06-2025
First Hearing Date: 24th July 2025
Court Number And Judge: 6-Judge City Civil Court and Additional Sessions Judge