Interim Order 8

Order Details: Order on Exhibit
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IN THE SMALL CAUSES COURT AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT – 41
IN
R.A.E. & R. SUIT NO. 589 OF 2022
(CNR No. :- MHSCA3-000803-2022)
1. Mrs. Philomena Merlyn Machado
Wd/o. Ronnie Manuel Machado and Ors. … Plaintiffs.
V/S
1. Dr. Satish Naik (since deceased)
1(a). Manjushri Wd/o Satish Naik and Anr. … Defendants.
Smt. E. A. Gonsalves, Ld. Advocate for the Plaintiffs.
Smt. Reshma Waghmare, Ld. Advocate for the Defendant No. 1(a).
Coram : Mr. N. R. Gajbhiye, Judge
Court Room No. 33 (B.B.)
Date : 14th August, 2026.
ORDER
The defendant No. 1(a) has filed an application for
condonation of delay of 107 days for filing the written statement.
2. It is contended by the defendant No. 1(a) that, original
defendant No. 1 demised on 09/07/2025. The Ld. Advocate informed
regarding the death of defendant No. 1. Thereafter, she has been
added as a party to the suit. On 07/11/2025 matter is adjourned for
filing additional written statement. Thereafter on 05/12/2025 again
adjournment sought. When the defendant No. 1(a) approached to the
office of her advocate, she has been instructed to brought all the
documents for preparing additional written statement. She was under
mental stress due to demise of her husband.
3. Per contra, plaintiffs filed their say (Exh. 44) that, only
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to prolong the matter present application came to be filed. No
justified cause is shown. The amended copy received by the Ld.
Advocate on 21/01/2026. Thereafter, additional written statement
needs to be filed within 30 days.
4. Perused the application and say filed. Heard Ld.
Advocates for both sides. There is no denial that husband of
defendant No. 1(a) demised on 09/07/2025. Thereafter, the
amendment is carried out and the amended copy of the plaint
received to defendant No. 1(a) on 21/01/2026. Therefore, due to
demise of her husband defendant No. 1(a) could not supply the
necessary documents of the suit premises for preparing additional
written statement as she was under mental depression. The ground
appeared to be justified. But, the period of 107 days delay caused in
filing the additional written statement is also an important aspect for
which plaintiffs needs to compensated by way of cost. Therefore, it is
a fit case to allow the application subject to cost. Hence, I proceed to
pass the following order:-
: ORDER :
1. The application is allowed subject to cost of Rs.
500/- (Rs. Five Hundred only) payable to the
plaintiffs till next date.
2. In the event of failure to pay the cost till next
date, the order automatically stand cancelled.
(Dictated and pronounced in open Court.)
(N. R. Gajbhiye)
Date : 14/08/2026 Judge, C. R. No.33(B.B.)
Order dictated on computer and typed on : 14/08/2026.
Order checked and signed on : 14/08/2026.
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