Date: 28-11-2022
Business: 28/11/2022 CORAM- H.H.J. City Civil Court and Addl. Sessions Judge Shri. A. R. Qureshi (C.R. No.6)
SU-2518/10
Adv. Dwivedi for plff present.
Adv. Bari for deft no.1 present.
Adv. Neeta Jadhav for deft/MMC present.
Adv. Vinod Shah for MMRDA / deft. present.
Advocate for the deft/MMC tendered Original Notice of motion No. 3513/2022 alongwith supporting affidavit. t.o.r.
Court is busy in passing order in Cri. BA-1074/2022, SU-2590/2022 and hearing in other urgent matters, hence adjd for reply on ch/sum to 21.12.2022.
Next Purpose: CHAMBER SUMMONS FOR REPLY
Next Hearing Date: 21-12-2022
Date: 21-12-2022
Business: 21/12/2022 CORAM- H.H.J. City Civil Court and Addl. Sessions Judge Shri. A. R. Qureshi (C.R. No.6)
SU-2518/10
Adv. Dwivedi for plaintiff present.
Adv. Neeta Jadhav for deft./BMC present.
Adv Vinod Shah for deft/MMRDA Present.
Say given by deft BMC and MMRDA on Ch/s no. 376/22.
Adjd for Ch/s Hrg to 12.01.2023.
Next Purpose: CHAMBER SUMMONS FOR REPLY
Next Hearing Date: 12-01-2023
Date: 12-01-2023
Business: 12/01/2023 CORAM- H.H.J. City Civil Court and Addl. Sessions Judge Shri. A. R. Qureshi (C.R. No.6)
SU- 2518/10
Adv. N. Shaikh for plff. present.
Adv. Bari for deft 1 present.
Adv. Neeta Jadhav for deft/MMC present.
Court is busy in other matter\''s hearing.
Adjd for ch/s reply to 25-01-2023.
Next Purpose: CHAMBER SUMMONS FOR REPLY
Next Hearing Date: 25-01-2023
Date: 25-01-2023
Business: PO is on leave, hence adjd for same stage to
Next Purpose: CHAMBER SUMMONS FOR REPLY
Next Hearing Date: 16-02-2023
Date: 16-02-2023
Business: PO is on leave, hence adjd for same stage to
Next Purpose: CHAMBER SUMMONS FOR REPLY
Next Hearing Date: 18-04-2023
Date: 18-04-2023
Business: 18/04/2023 CORAM- H.H.J. City Civil Court and Addl. Sessions Judge Shri. A. R. Qureshi (C.R. No.6)
SU- 2518/10
Adv. K. Shaikh for plff. present.
Adv. Neeta Jadhav for deft/MMC present.
Adjd for ch/s reply to 21-06-2023.
Next Purpose: CHAMBER SUMMONS FOR REPLY
Next Hearing Date: 16-06-2023
Date: 16-06-2023
Business: 16/06/2023 CORAM H.H. JUDGE SHRI N. L. KALE (CR.NO.14)
SU 2518/2010 (Matter pertains to C.R.06)
Adv. Kamrunnisa Shaikh for plaintiff present.
Adv. Pratibha Bari h/f Adv. J. J. Shah for Deft. No.1 present.
Adv. Tawakkuli a/w Adv. Neeta Jadhav for Deft/ MCGM present.
Mehboob Dastagir Patel - Officer of MCGM present.
Exh. Application filed by Adv. For Deft/MCGM praying to expedite suit.
O- Plaintiff directed to file say on it.
Already Adjd. For Say of plaintiff on Exh. to 21-06-2023.
Next Purpose: REPLY
Next Hearing Date: 21-06-2023
Date: 21-06-2023
Business: 21/06/2023 CORAM H.H. JUDGE SHRI N. L. KALE (CR.NO.14)
SU 2518/2010(Matter pertains to C.R. No. 6)
None for plaintiff present.
Adv. Neeta Jadhav for Corporation present.
Adv. Bari for defendant no. 1 present.
Officer Patel M. Dastageer for Def. Present.
Plaintiff failed to file say on application Exh. 11 given by Def. no. 1. Plaintiff directed to file reply on Exh. 11 on next date without fail. If plaintiff fail to file reply on Exh. 11 on next date then, Exh. 11 will be proceeded without reply of plaintiff.
Adjd. for Reply of Plaintiff on Exh. 11 to 27-06-2023
Next Purpose: REPLY
Next Hearing Date: 27-06-2023
Date: 27-06-2023
Business: The P.O. is going to uttan from dt. 19.06.2023 to dt. 01.07.2023, for orientation programme, hence board discharge, adjd for same stage to
Next Purpose: REPLY
Next Hearing Date: 06-07-2023
Date: 06-07-2023
Business: 06/07/2023 CORAM- H.H.J. Ad-Hoc Judge City Civil Court and Asst. Sessions Judge Smt. N. S. Anekar (C.R. No.6)
SU- 2518/10
Adv. Dinesh Dwivedi for plff. present.
Adv. Tawakulli a/w adv. Neeta Jadhav for deft/MMC present.
Adv. Bari for deft. 1 present.
Order on n/m. 3513/22
Present notice of motion is taken out by deft. no. 2 for setting aside the order dt. 12/02/2015 and for allowing the defendant\''s to place on record their written statement.
It is claimed that if the nature of the suit is seen, the written statement of defendant\''s is require to be taken on record, by condoning the delay in filing the written statement. The notice of motion has been orally resisted by ld. Adv. for the plaintiff contending that there is huge and unexplained delay in filing the written statement. He has also claimed that the notice of motion also has not been served on him.
Heard both the sides it can be seen that the suit has become very old. If the nature of the suit is seen, along with the reliefs claimed in the same, if one opportunity is not given to the defendant to place on record the written statement, defendant would suffer with serious prejudice. As against this, if such opportunities is given to the defendant, the plaintiff would not suffer with serious prejudice, because the case would proceed on merits. Threfore, in the interest of justice and in order to prevent multiplicity of proceedings I am incline to allow the notice of motion.
Hence, the order.
1. The Notice of Motion No. 3513 of 2022 is Made absolute in term of prayer clause (a) to (c).
2. The written statement of defendant\''s be taken on record.
3. The Notice of Motion No. 3513 of 2022 stands disposed of.
Nature Of Disposal: ALLOWED
Disposal Date: 06-07-2023
