Order 2

Order Details: Order on Exhibit
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(CNR No.MHSCA3-000467-2023)
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT NO.17
IN
R.A.E.&.R. SUIT NO.372 OF 2023
Mr. Velji Ranmal Shah … Plaintiff
Versus
Shri. Rajesh Raghavji Shah … Defendant
Shri. O. R. Tiwari, Ld. Advocate for the plaintiff.
Mrs. Pallavi Vanjari i/b. Shri. L.R.Upadhyay, Ld. Advocate for the
defendant.
Coram : Shri. S. N. Godbole, Judge.
C.R.No.34 (BB).
Date : 20.02.2025.
ORAL ORDER :-
1. This is an application filed by the plaintiff for setting
aside “No Reply Order” dated 26.03.2024 and for granting
permission to file reply to application Exhibit No.12.
2. Perused the application and handwritten say given by
Ld. Advocate for the defendant on the overleaf of this application.
Heard both the sides.
3. From the perusal of records, it reveals that the defendant
has filed application Exhibit No.12 for condonation of delay in filing
the written statement on record. As the plaintiff failed to file reply,
no reply order was passed by this Court vide order passed below
Exhibit No.12 dated 26.03.2024. According to the Ld. Advocate for
the plaintiff, the copy of said application was not served upon him,
therefore, he had no knowledge of the application Exhibit No.12
moved by the defendant. Advocate on record was unwell was and
/home/steno34/CR-34 SNG/2025/February/Exh-17 in R-R S.No.372-23 set aside no reply order.odt
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hospitalized and, therefore, could not file reply to the said
application.
4. Perusal of record, it reveals that this suit is filed for
eviction, arrears of rent, permanent injunction and mesne profits as
more particularly mentioned in the plaint. The plaintiff is ready to file
reply on application Exhibit No.12. The plaintiff is going to contest
the application Exhibit No.12. Therefore, considering the nature of
the suit and reasons mentioned in the present application, in order to
decide the said application Exhibit No.12 on merits, it is just and
proper to give an opportunity to the plaintiff to file reply on
application Exhibit No.12. Thus, the application deserves to be
allowed, subject to costs. Hence, I proceed to pass the following
order:-
ORDER
1. Application Exhibit No.17 is allowed, subject to
cost of Rs.100/- to be paid to the defendant or
to be deposited it in the Court on or before next
date.
2. “No Reply Order” passed below Exhibit No.12
dated 26.03.2024 is hereby set aside.
3. The plaintiff is directed to file reply on
application Exhibit No.12 on next date without
fail.
Place : Mumbai (S. N. Godbole)
Date : 20.02.2025 Judge,C.R.No.34(BB).
Order Dictated & Typed on : 20.02.2025
Order Checked & Signed on : 20.02.2025
/home/steno34/CR-34 SNG/2025/February/Exh-17 in R-R S.No.372-23 set aside no reply order.odt
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