IN THE SMALL CAUSES COURT AT MUMBAI

Exhibit No._____
In
L.E. Suit No. 169 of 2021

1. Naresh Kesrimal Mehta )

Adult, Age 53 years, Occ. Business )
2. Dilip Kesrimal Mehta )
Adult, Age 48 years, Occ. Business )
3. Ankush Naresh Mehta )
Adult, Age 28 years, Occ. Business )
4. Rohan Ranjan Mehta )
Adult, Age 41 years, Occ. Business )
)
All Adults, present Trustees of Trust namely )
Seth Muljibhai Madhvdas Dharmshala )
Charity Trust having its office at 9, Mulji )
Thakarsey Building Mumbai - 400 004 )
Mobile No. 9820322256 )
) …Plaintiffs

V/s

Bhagoji Devji Malekar (Since deceased) )

Adult, age no known, Occupation - not )
known residing at Room No.2, Ground )
floor, Seth Muljibhai Madhavdas )
Dharamshala Trust Building, situate at )
Cawasji Patel Tank Road and Girgaon Back )
Road now known as Vithalbhai Patel Road, )
Mumbai 400004 )

1(a) Aparna Anil Malekar )

Age - 48 years )
1(b) Akshata Anil Malekar )
Age - 21 years )
1(c) Vedant Anil Malekar )
Age - 17 years )
Through her mother Aparna Anil Malekar )
the natural guardian )
1(d) Yogesh Bhagoji Malekar )
Age - 45 years )
1(e) Bharti Bhagoji Malekar )
Age - 43 years )
All adults, residing at Room No.2, Ground )
 floor, Seth Muljibhai Madhavdas )
Dharamshala Trust Building, situate at )
Cawasji Patel Tank Road and Girgaon Back )
Road now known as Vithalbhai Patel Road, )
Mumbai 400004 ) …Defendants

APPLICATION ON BEHAL OF THE

DEFENDANT NOS 1(a)to 1(d) TO SET ASIDE NO
WS ORDER

MAY IT PLEASE YOUR HONOUR:-

I, Mr. Yogesh Bhagoji Malekar, aged 46 years, for self and on behalf of

the Defendant Nos. 1(a) to 1(c) abovenamed, do hereby state on solemn

affirmation as under:-

1) I say that suit summons were served upon me on 21.07.2022 at

around 12.30 pm. The same were received by my wife in the suit
premises. I say that the Defendant No.1(a) is widow of my deceased
brother and 1(b), 1(c) are her children. Whereas the Defendant No.1(e)
is my spinster sister. However, all the Defendants including me and
my wife, two children are residing in the suit premises. I say that I am
employed with ____________ Department of the State Government
and all the family members are dependent on me. However, recently I
am posted under a strict IAS officer, where it is very difficult as well
as risky to take frequent leaves. Therefore, I am taking only selective
leaves whenever it is utmost necessary.

2) I say that soon after the service of summons on 21.07.2022 I started

searching for an advocate and found Adv. John Rodrigues through
my contacts on 30.07.2022. He read my papers and instructed me to
bring some additional documents for preparation of our Written
Statement. However, I could not provide necessary documents to him
within time. Therefore, there was some difference and
misunderstanding resultantly Adv. Rodrigues returned my papers on
 20.08.2022. Therefore, I kept on searching for an appropriate
advocate who will be familiar with the tenancy matter and affordable
to us. Accordingly, I met Adv. Rajeev Sharma on 17.09.2022 in the
High Court (in Room No.36) along with my relative. He accepted my
papers and further instructed me to bring all the old documents.
Accordingly I searched our house twice or thrice but could not find
much. So, Mr. Sharma got disappointed and informed me his inability
to appear on 01.10.2022.

3) Therefore, I desperately searched for an another advocate but in the

meantime due to Diwali Vacation it was difficult to find an affordable
advocate and fix up a meeting. Soon after the Diwali Vacation, the
matter was listed on 02.11.2022 when I filed an application for
adjournment by informing the Hon’ble Court my inability to find an
advocate. On the same day I met my present advocate Mr. Satish
Joshi in the bar room on the second floor of this court. Mr. Joshi
accepted my papers and similarly instructed me to bring old papers.
However, I could not bring much old papers as those are in respect
of my grand father and of the years prior to my birth but with the
grace of god I could arrange some of the papers with the help of my
uncle and handed over to Mr. Joshi on 26.11.2022. Then my advocate
started preparing our Written Statement on the basis of available
papers and finally provided me with a draft Written Statement on
30.11.2022. However, due to his pre-occupancy and my official duty
we could not make the present application till today i.e. on
03.12.2022.

4) I recently came across No WS order passed by this Hon’ble Court on

02.11.2022 when Adv. Joshi checked the website on 26.11.2022.
Therefore, before knowing the present status, I was under impression
that the Hon’ble Court has granted me an opportunity to file my
 written statement. Hence, there was no negligence on my part or on
the part of other defendants as they are dependent only upon me.

5) I say that being the only earning member I have to think of my job on
priority for the livelihood of 7 other members. I say that after the
lockdown our financial stability has worstly affected. Hence, there
was no intention to delay this proceeding on my part but I took all the
diligent efforts to find an advocate to represent us before this Hon’ble
Court in order to save our only shelter.

6) Under these circumstance, I respectfully pray that no written

statement passed on 02.11.2022 be set aside and the Defendants be
allowed to file their Written Statement. If the order dated 02.11.2022
is not set aside the Defendants shall suffer huge loss of loosing their
home on the contrary no harm, loss or prejudice would be caused to
the Plaintiffs as the suit building is a Dharmashala being run by the
Trust.

I respectfully pray that:-

A) No written statement passed on 02.11.2022 be set aside and the

Defendants be allowed to file their Written Statement.
B) Such other and further order be passed as this Hon’ble Court deemed
fit and proper

Satish Joshi Defendant No.1(a)

Adv. for the Defendants

Defendant No.1(b)

Defendant No.1(c)
 Defendant No.1(d)

VERIFICATION

I, Mr. Yogesh Bhagoji Malekar, aged 46 years, for self and on behalf of
the Defendant Nos. 1(a) to 1(c) abovenamed, do hereby state on the
solemn affirmation that whatever matter of fact stated in the foregoing
paragraphs of the application are true to my own knowledge save and
except the legal submission which is based on my information and
beliefs and I believe the same to be true.

Solemnly affirmed at Mumbai )

On this ___ day of Nov., 2022 )

Before me
Satish Joshi Defendant No.1(d)
Adv. for the Defendants
 IN THE COURT OF SMALL CAUSES
AT MUMBAI

Exhibit No._____
In
L.E. Suit No. 169 of 2021

Naresh Kesrimal Mehta & Ors. …Plaintiffs

V/s

Bhagoji Devji Malekar (Since deceased)

1(a) Aparna Anil Malekar …Defendants

APPLICATION OF THE DEF. NOS. 1(a) to 1(d)

TO SET ASIDE NO WS ORDER
Dated this 3rd day of December, 2022

SATISH A. JOSHI
Adv for the Defendants
101/A, Chandresh Shehnai, Lodha Heritage,
Desale Pada, Bhopar Road, Nandivali, Dombivli
(East) 421201 Mob.No. 9920770386/8779282749
Email: joshisatish1986@gmail.com