Interim Order 4

Order Details: Order on Exhibit
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+IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT – 32
IN
R.A.D. SUIT NO. 273 of 2024
(CNR No. :- MHSCA3-000752-2024)
Mrs. Panna @ Pannaben Pravin Monani, ... Plaintiff.
Versus
1. Ms. Sunita Tarachand Laljani and Ors., ... Defendants.
Appearance:-
Mr. R. L. Dubey …. Ld. Advocate for the Plaintiff.
Mr. M. A. Chandan …. Ld. Advocate for the Defendants.
Coram: R. R. Kale,
Judge, C. R. No. 36.
Date : 19/09/2025.
ORDER:-
Present application is taken out by the plaintiff for
extension of time to carry out amendment as per order passed on
application vide Exh. 30 dated 13/08/2025 in the plaint.
2. The plaintiff in her application in brief submitted that, due
to oversight the plaintiff could not complied with the order passed on
application vide Exh. 30 dated 13/08/2025. There is no deliberate
delay. Hence, delay may be condoned and plaintiff be permitted to
carry out amendment as per order vide Exh. 30 dated 13/08/2025 in
the plaint.
3. On the contrary, the defendant Nos. 1 to 8 as well as
defendant No. 9 have resisted the present application by filing reply
on overleaf of the application. According to them, no sufficient
grounds are made out by the plaintiff to grant the prayer.
4. From the contents of the application and say filed thereon,
/home/steno36/8. R. R. Kale/2025/Orders/9. September, 2025/19-09-2025/EXH-32 RAD 273 of 2024 - extension of time to carry out amendment.odt KCP
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2 EXH-32 R.A.D. Suit No. 273 of 2024
following points arose for my determination and I record my findings
thereon as under:-
Sr. No. Points Findings
1. Whether the application is
liable to be allowed?
….Yes.
2. What order ? ….Application stands
allowed on cost.
: REASONS :
As to Point Nos. 1 and 2:-
5. Heard respective Ld. Holding Advocates for the Ld.
Advocates on behalf of the parties. They have advanced their
arguments as per their respective contentions.
6. Perused the record and roznama. I have gone through the
order passed on application vide Exh. 30 dated 13/08/2025. It seems
that, the plaintiff has not carried out amendment as per the said
order and by way of this application, she is seeking for condonation
of delay in carrying out the amendment and permission to carry out
the same. In the interest of justice, it would be just and proper to
allow the present application by imposing cost while keeping in mind
the delay caused by the plaintiff to carry out the amendment. While
doing so, no prejudice would be caused to the other side. Therefore,
in view of above all discussion, I answer Point No. 1 in the affirmative
and in order to answer Point No. 2, I proceed to pass the following
order:
: ORDER :
1. Application vide Exh. 32 stands allowed subject to cost
of Rs. 500/- (Rs. Five Hundred only) to be paid to the
Bar Library on or before next date.
/home/steno36/8. R. R. Kale/2025/Orders/9. September, 2025/19-09-2025/EXH-32 RAD 273 of 2024 - extension of time to carry out amendment.odt KCP
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3 EXH-32 R.A.D. Suit No. 273 of 2024
2. The plaintiff shall carry out necessary amendment in
the plaint as per order passed on application vide Exh.
30 dated 13/08/2025 on or before next date after the
payment of cost.
3. The plaintiff to take note that, no further time shall be
granted to carry out amendment as per order passed on
application vide Exh. 30 dated 13/08/2025.
(Dictated and pronounced in Open Court.)
(R. R. Kale)
Date : 19/09/2025. Judge, C. R. No.36.
Order dictated on computer : 19/09/2025.
Order checked & signed on : 19/09/2025.
/home/steno36/8. R. R. Kale/2025/Orders/9. September, 2025/19-09-2025/EXH-32 RAD 273 of 2024 - extension of time to carry out amendment.odt KCP
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