JUDGMENT :

N.J. Jamadar, J.

Rule. Rule made returnable forthwith and, with the consent of the Counsels for the parties, heard finally.

2. This petition under Article 227 of Constitution of India takes exception to an order dated 17th January, 2018, passed by the learned Judge, City Civil Court, Bombay, in Notice of Motion No.71 of 2017 in Suit No.7057 of 2005, whereby the learned Judge allowed the Notice of Motion and permitted the defendant-respondent to file written statement dated 24th March, 2015, by condoning the delay of 9 years and 79 days, subject to payment of costs of Rs.15,000/- by the defendant to the plaintiff-petitioner.

3. The petition arises in the backdrop of the following facts:

(a) Initially, the petitioner-plaintiff had instituted a suit in this Court for recovery of a sum of Rs.21,00,000/-, allegedly paid towards part consideration for purchase of the fat bearing nos.408/409, ABC Building, Manish Park, Andheri (East), Mumbai, which the defendant had agreed to sell for a consideration of Rs.40,00,000/-. The plaintiff averred that after the payment of the said amount of Rs.21,00,000/-, it was realised that the defendant was not the absolute and full owner of the said