Order 1

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
( BANDRA BRANCH)
ORDER BELOW EXHIBIT - 11
IN
R.A.E. SUIT NO. 301 OF 2025
[CNR NO. MHSCA30007502025]
Suresh Bhanwarlal Rathod …Plaintiff.
Versus
Sayyed Shakil Ahmed and anr. …Defendants.
Appearance:-
Mr. Shah N. R. Ld. Advocate for the plaintiff.
Manisha B. Gawde Advocates for the defendant.
Coram : L.B.M.M.A. Syed,
Judge, C. R. No. 35,
Date: 20th April, 2026.
ORAL ORDER :-
This is an application filed by the defendant No.1
seeking condonation of delay in filing written statement.
2. The defendant received writ of summons on 02.09.2025.
Upon receipt of the writ of summons the defendant became aware
that the plaintiff has made false, exaggerated and serious allegations,
including allegations of illegal encroachment. After service of writ
summons, the defendant had initially approached advocate but due
to advocate’s certain personal difficulties the written statement
could not prepared. It is further submitted that, the defendant is
under impression that, necessary steps were taken. The defendant
further submitted that he has strong case in hand and grave
prejudice, harm and loss would be caused if the application is not
allowed. Therefore, defendant prayed to allow the application.
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3. The plaintiff has filed his reply overleaf of the
application and strongly objected the application. It is the submission
of the plaintiff that, no sufficient cause is made out and the
application is not within stipulated time. Hence, plaintiff prayed to
reject the application with costs.
4. Heard both the sides. Perused the record and
proceeding. It is the submission of the defendant that he is senior
citizen and suffering with age related issues. If this application is
rejected then in such contingency the defendant would suffer loss as
he could not take his defence. Moreover, to put the suit at stake and
to decide the suit on merits an opportunity has to be granted to the
defendant to lead his defence. In respect of the delay caused to file
written statement would be compensated in terms of costs. The said
costs is quantified to Rs.1,000/- to be paid to the plaintiff. Hence, I
pass the following order.
:: O R D E R ::
1. The application is allowed subject to payment
of costs of Rs.1,000/- to be paid to the plaintiff.
2. Delay of 70 days in filing written statement of
the defendant No.1 is hereby condoned.
3. Both parties to take note.
(Dictated and pronounced in open court)
(L.B.M.M.A Syed)
Date : 20/04/2026. Judge, C.R. No. 35 (B.B.)
Order dictated on : 20/04/2026
Order checked & signed on : 20/04/2026.
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