Interim Order 1

Order Details: Order on Exhibit
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CNR No. MHSCA-3000800-2023
IN THE COURT OF SMALL CAUSES, AT MUMBAI.
(BANDRA BRANCH)
Order Below Exhibit 9
In
R.A.D. Suit No. 426 of 2023
Mrs. Sudha Kanaiyalal Raval ….... Plaintiff.
V/s.
JLS Builders & Developers Private Limited …... Defendant.
Advocate for the plaintiff : Mr. Munir Merchant
Advocate for the defendant : Mr. A. G. Nayak
Coram : K. M. Kayangude,
Judge, C.R. No. 38 (B.B.)
Date : 20.03.2024
Oral Order :
Perused the application and reply. Heard both sides. It
appears that the suit summons is served on the defendant on
25/10/2023. The present application is filed after 81 days of service of
summons. Therefore, the application is filed within 90 days from the
service of summons. The reason put forth by the defendant that after
service of summons, he was unable to give further instructions to the
learned advocate due to Diwali vacation seems to be just and sufficient.
There is no inordinate delay in moving the present application.
2. The suit is in respect of immoveable property. Therefore,
valuable rights of the defendant are involved in the present suit. In
such circumstances, it is necessary to give fair chance to the defendant
to contest the suit by filing written statement. No prejudice will cause
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to the plaintiff if the delay is condoned and the defendant is permitted
to file written statement. Moreover, it will be fit to compensate the
plaintiff by awarding appropriate costs. Hence, in the interest of justice,
it is fit case to allow the present application. Accordingly, following
order.
:: O R D E R ::
1) Application Exh. 9 is hereby allowed on
payment of costs of Rs. 1000/-, by the defendant
to the plaintiff, on or before next date.
2) After compliance of above order, the delay
caused in filing the written statement be
condoned.
(Dictated and pronounced in the open court.)
(K. M. Kayangude)
Date : 20.03.2024 Judge, C.R. No. 38 (B.B.)
Dictated & Typed on : 20/03/24
Checked & Signed on : 20/03/24
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