Interim Order 3

Order Details: Order on Exhibit
Pdf Text: 1
IN THE COURT OF SMALL CAUSES AT MUMBAI
( BANDRA BRANCH)
ORDER BELOW EXHIBIT - 10
IN
R.A.E. SUIT NO. 153 OF 2026
(CNR No. :- MHSCA30004452026)
Shri Narsingh Laduram Chawla ...Plaintiffs
Vs.
Smt. Hemavati Shashikant Shetty ...Defendants.
Appearance :
Mr. Mishra Rajendra P. Ld. Advocate for the plaintiff.
Mr. Sanju Gadekar Ld. Advocate for the defendants.
Coram : L.B.M.M.A Syed,
Judge, C. R. No. 35.
Date : 27/08/2026.
ORDER :-
This is a application to set aside no say order passed on
12.08.2026.
2. The plaintiff has not filed the reply to the application
taken out by the defendant as he was admitted in Gurunanak
Hospital, Bandra, Mumbai. The reply of the plaintiff is necessary for
proper adjudication of the application. No prejudice will be caused to
the defendant if the application is allowed. Hence, the applicant
prayed to set aside the no reply order dated 12.08.2026.
3. The defendant has strongly opposed the said application,
contending that the said application be rejected at the preliminary
stage.
4. Heard both the Ld. Advocates for the respective parties.
Perused the application and say. The applicant intends to file say on
application Exh.9 filed by the defendant under Order VII Rule 11 of
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the Code of Civil Procedure, 1908. To adjudicate the application on
merit and to grant an opportunity to the applicant/plaintiff to contest
the application, it would be proper to allow an opportunity to the
applicant to file say on application Exh.9. Hence, the application
deserves to be allowed. Hence, I pass the following order.
:: ORDER ::
1. The application is allowed.
2. The ‘No Reply’ order passed on 12.08.2026
below Exh.9 is set aside.
(order dictated and pronounced in open
Court)
(L.B.M.M.A. Syed)
Date : 27/08/2026. Judge, C. R. No.35.
Order dictated on computer : 27/08/2026.
Order checked & signed on : 27/08/2026.
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