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[CNR No.MHSCA­20007012022]

IN THE COURT OF SMALL CAUSES AT MUMBAI

ORDER BELOW EXHIBIT ­ 14
IN
R.A.E. & R. SUIT NO.879 OF 2022

M/s. AYG Edificies Private Limited

(formerly known as Choudhury Edifices Pvt. Ltd.,)
: Plaintiff
V/s.
Mr. Balkrishan Sadashiv Velhal (deceased)
Through his legal heir Mr. Pradeep B. Velhal : Defendant

Yash Legal : Ld. Advocate for Plaintiff

Saurabh J. Dhuri : Ld. Advocate for Defendant

Coram : S.A. Gawai, Judge,

Court Room No.10
Date : 20.04.2023
ORDER:­

This is an application for condonation of delay caused in

filing the written statement and permission to file the same. The
application was strongly opposed by the plaintiff by filing say vide
(Exh.15).

2. Read the application and the say. Went through the

record of the case. Heard both the learned Advocates for the
respective parties at sufficient length.

3. It is seen that the defendant was served with the suit

summons on 19.08.2022. Therefore, he was required to file his
written statement till 18.09.2022. However, the present application
came on record on 21.03.2023. It is contended that the necessary
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documents for preparing the written statement were not available

with the defendant. Therefore he was unable to file his written
statement.

4. The present application came on record after delay of

180 days from the date of service of the suit summons on the
defendant. It appears that as the necessary documents for preparing
the written statement were not available the defendant was
prevented from filing his written statement within a prescribed
period of limitation as is given under Rule 1 of Order VIII of the Code
of Civil Procedure (for short the C.P.C.). The present suit is for
recovery of possession of the suit premises from the defendant /
tenant. If he is not permitted to participate in the proceeding and
filing the written statement it will cause prejudice to him. On the
other hand if his written statement is taken on record the matter can
be disposed off on merits after hearing both the parties. The
reasonable amount of costs may compensate the plaintiff. Hence, I
pass the following order.

ORDER
1) The application (Exh.14) is allowed subject to costs of
Rs.2000/­ payable to the plaintiff
2) The delay of 180 days in filing the written statement is
condoned.
3) The written statement of the defendant be taken on record.
Digitally signed
by GAWAI
SHYAMKUMAR
ANANDRAO
Date: 2023.04.21
12:09:58 +0530

Mumbai (S. A. Gawai)

Date : 20.04.2023 Judge, C.R. No.10