Interim Order 1

Order Details: Order on Exhibit
Pdf Text: : 1 :
IN THE COURT OF SMALL CAUSES AT MUMBAI
(Bandra Branch)
ORDER BELOW EXHIBIT NO. 9
IN
R.A.E. & R. SUIT NO. 146 OF 2025
[ CNR No.:- MHSCA3-000364-2025 ]
Smt. Shobha Narayan Thakur … Plaintiff
Versus
1. Mrs. Sanam Mohammed Rafiq Shaikh & Anr. … Defendants
Mr. Lokesh K. Singh, Ld. Advocate for the Plaintiff.
Coram : Smt. J. D. Hushangabade
Judge, C.R. No. 40,
Date : 26th June, 2025.
:: ORDER ::
This is an application moved by defendant no.2 for
extension of time to file the written statement.
2. By this application defendant stated that he has received
the writ of summons on 05/05/2025, but due to his health condition,
he could not met or take any legal assistance as he is undergoing
treatment of stage-I Cancer and further in the meantime his elder
brother expired on 18/05/2025. Therefore, he could not file his written
statement within 30 days. Hence, this application.
3. On the other hand plaintiff strongly objected to the present
application by filing say on the overleaf of the application and
contended that no proper and genuine reason given by the defendant.
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Hence, prayed that application may be dismissed with costs.
4. Perused application and say. Heard both sides. It is
specifically averred by defendant that he has received the writ of
summons on 05/05/2025. Defendant suppose to file written statement
within stipulated period of time, but due to reasons well mentioned in
the application, written statement could not be filed on time and caused
delay. The grounds mentioned by defendant appears to be reasonable
and just one. It is settled principle of law that equal opportunity of
being heard should be granted to both the parties. Therefore, if
defendant is permitted to file written statement by extending time, it
will not cause any prejudice to the rights of plaintiff. On the contrary,
the subject matter of the suit will be decided on merits. Hence, in the
interest of justice, I proceed to pass following order.
:: O R D E R ::
1. The application at Exh.9 is allowed.
2. Time to file written statement is extended
till next date.
3. No order as to costs.
( J. D. Hushangabade )
Date : 26/06/2025. Judge, C.R. No. 40
Order dictated & Typed on : 26/06/2025.
Order checked & signed on : 27/06/2025.
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