Interim Order 2

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
( BANDRA BRANCH)
ORDER BELOW EXHIBIT- 15
IN
R. A. E. SUIT NO. 120 OF 2023
(CNR-MHSCA-30001892023)
Mrs. Gertrude Leslie Pires, ...Plaintiff.
Versus
Mr. Ankush Shetge alias Shedge ...Defendant.
Ms. Eventa Gonsalves, ….Ld. Advocate for plaintiff.
Kirti M. Samdade, ….Ld. Advocate for defendant.
Coram: R. R. Kale,
Judge, C. R. No. 35,
Date : 2nd December, 2023.
ORAL ORDER :-
Present suit is filed for eviction.
2. Present application is filed by the defendant for
condonation of delay in filing written statement and permit him to file
it on record.
3. The defendant has submitted in his application that, the
delay has been caused in filing the written statement within statutory
period and it may kindly be condoned on account of reasons stated in
the application.
4. On the contrary, the plaintiff has filed her reply vide Exh.
17 and has strongly opposed the present application. The plaintiff has
strongly prayed for dismissal of the application.
5. From the contents of the application and say filed thereon,
following points arise for my determination. I have given my findings
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thereon for the reasons stated as under : -
Sr. nos. Points Findings
1. Whether the application is liable to
be allowed ?
Yes.
2. What order ? Application stands
allowed on cost.
: R E A S O N S :
As to Point Nos. 1 & 2 :-
6. Heard respective Ld. advocates/holding advocates on
behalf of both the parties at length. The present suit is filed for eviction.
7. After perusal of application and say filed by the plaintiff it
seems that, the delay has been caused for filing written statement
within statutory period by above defendant. The reasons assigned for
not filing written statement within statutory period as per Code of Civil
Procedure do not appear prima facie to be satisfactory. However, to
decide real controversy between the parties and considering right of
above defendant to take defence, it would be just and proper to allow
this application and permit him to file his written statement on record.
At the same time, some cost needs to be imposed upon the above
defendant. Therefore, in view of above all discussion, I answer Point no.
1 in affirmative and in answer to Point no. 2, I proceed to pass the
following order :-
: O R D E R :
1. Application vide Exh. 15 stands allowed subject to
cost of Rs.500/- to be given to the plaintiff on or
before next date.
2. The delay caused for filing written statement on
record is hereby condoned and the defendant is
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permitted to file his written statement on record.
(Dictated and pronounced in Open Court.)
Sd/-
Bandra -Mumbai. ( R. R. Kale )
Date : 02.12.2023. Judge, C. R. No.35.
Order dictated on computer : 02.12.2023.
Order checked & signed on :02.12.2023.
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