Interim Order 1

Order Details: Order on Exhibit
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(CNR NO.MHSCA3-000460-2023)
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT NO.15
IN
R.A.E.&.R. SUIT NO.374 OF 2023
Mr. Velji Ranmal Shah .... Plaintiff
Versus
1. Shri. Dongarshi Devraj
and another …. Defendants
Shri. O. R. Tiwari, Ld. Advocate for the plaintiff.
Shri. Amarendra Jha for M/s. Legal Hopes, Ld. Advocate for
defendant No.2.
Coram : Shri. S. N. Godbole, Judge.
C.R.No.34 (BB).
Date : 10.11.2025.
ORAL ORDER :-
1. This application is filed by the plaintiff for removing the
matter from dismissal order caption and for granting permission to
serve the suit summons along-with copy of the plaint at the
residential address of defendant No.1.
2. Perused the application and handwritten say given by
Ld. Advocate for defendant No.2 on the overleaf of this application.
Heard both the sides.
3. The Ld. Advocate for the plaintiff submitted that
defendant No.1 has parted with possession of the suit premises to
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defendant No.2 and he is presently residing at the address mentioned
in the application. The suit summons was issued at the address of
the suit premises, which is occupied by defendant No.2. Therefore,
defendant No.2 was served. On enquiry, the plaintiff found the
residential address of defendant No.1. Hence, this application.
4. Per contra, Ld. Advocate for defendant No.2 opposed the
application and submitted that the plaintiff is applying delay tactics
to prolong the matter. Till the date of filing of present application,
the plaintiff has not taken any further steps to serve suit summons on
defendant No.1. Hence, requested to reject the application with costs.
5. On perusal of record, it reveals that as the plaintiff failed
to take further steps i.e. to serve suit summons on defendant No.1,
the matter kept for dismissal order. According to the Ld. Advocate
for the plaintiff, defendant No.1 is not residing in the suit premises
and same has been parted with to defendant No.2, therefore, he
could not serve the suit summons to defendant No.1. It is to be noted
that the plaintiff by way of this application has requested to reissue
suit summons to defendant No.1. The plaintiff has also mentioned
the new address of defendant No.1 in this application. This suit is
filed for eviction, recovery of arrears of rent, permanent injunction
and for mesne profits on the grounds more particularly mentioned in
the plaint. Therefore, considering the nature of suit and reasons
mentioned in the application, in order to decide the matter on merits,
it is just and proper to remove the matter from the order caption and
to reissue suit summons to defendant No.1 as prayed. Thus,
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application deserves to be allowed. Hence, I proceed to pass the
following order:-
ORDER
1. Application Exhibit No.15 is allowed.
2. The matter be removed from the dismissal
order caption.
3. Reissue suit summons to defendant No.1
at the address given in this application on
P.F.
Place : Mumbai (S. N. Godbole)
Date : 10.11.2025 Judge,C.R.No.34(BB).
Order Dictated & Typed on : 10.11.2025
Order Checked & Signed on : 10.11.2025
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