Mutiur Rehman S/O Naushad Ali Wahid Ali v. Farida Ahmed W/O Shahnawaz N Ahmed
41-ia-3179-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.3179 OF 2025 IN SUIT NO.107 OF 2010 Mutiur Rehman s/o. Naushad Ali Wahid Ali ..
Applicant/ Plaintiff.
v/s.
Farida Ahmed w/o.
Shahnawaz N Ahmed ..
Defendant.
WITH INTERIM APPLICATION (L)NO.32384 OF 2022 IN SUIT NO.107 OF 2010 by SMITA RAJNIKANT JOSHI Date:
2025.09.12 16:47:01 +0530 SMITA RAJNIKANT JOSHI Samiur Rehman s/o.
Naushad Ali Wahid Ali ..
Applicant Plaintiff.
v/s.
Farida Ahmed w/o. Shahnawaz Ahmed & Others ..
Defendants.
Adv. Eventa A. Gonsalves with Adv. Reyden L. Gonsalves, for the Plaintiff. Adv. Gauraj Shah i/b. Adv. Sama Shah, for Defendant Nos., 1,3,4 , 5 and 6.
Adv. Dakshata Sawant with Adv. Sangpriya Sarode i/b. Saurabh Ghag, for Defendant No.2.
CORAM: FIRDOSH P. POONIWALLA,J.
DATE : 11th SEPTEMBER, 2025.
P. C:- This Interim Application has been filed by Defendant Nos.1, 3 and 4, seeking following reliefs:- S.R.JOSHI
41-ia-3179-2025.doc "a. That this Hon'ble Court be pleased to permit the Applicants/Defendant Nos. 1, 3 and 4 to withdraw the common Written Statement dated 24th January, 2011 filed on their behalf with liberty to file fresh Written Statement;
b. In alternate to prayer (a) this Hon'ble Court be pleased to permit the Applicants/Defendant Nos. 1, 3 and 4 to file Additional Written Statement;
c. Cost of the Interim Application may be granted. d. That such further and other reliefs as this Hon'ble Court may deem fit and proper in the nature and circumstances of the case. It is the case of Defendant Nos. 1, 3 and 4 that the facts stated in the Written Statement dated 24th January, 2011 are not accurate and, therefore, the present Interim Application has been filed. In my view, since the Written Statement has already been filed, there is no question of permitting the withdrawal of the same. However, Defendant Nos. 1, 3 and 4 can always be permitted to file an Additional Written Statement to explain the facts as understood by them. Accordingly, Interim Application is allowed in terms of prayer clause (b). However, there will be no order as to costs. (FIRDOSH P. POONIWALLA,J.) S.R.JOSHI