Final Order 1

Order Details: Notice of Motion
Pdf Text: Khatijabi Malik Mohd. Parande & Ors. Vs. Hameed Malik Mohammed Parande
IN THE COURT OF BOMBAY CITY CIVIL COURT
AT BOMBAY
NOTICE OF MOTION NO.37 OF 2020
IN
S.C.SUIT NO.1600 OF 2017
1. Khatijabi Malik Mohd. Parande & Ors. ... Plaintiffs
Versus
1. Hameed Malik Mohammed Parande & Ors … Defendants
CORAM : H.H.THE PRINCIPAL JUDGE
S.B.AGRAWAL (C.R.No.19)
DATED : 9th MARCH, 2021
Adv. Afroz Siddiqui a/w Adv.Farzana Sawant,
for plaintiffs.
Adv. G.V. Mhatre,
for defendants.
ORAL ORDER
1. Defendants have taken out this Notice of Motion seeking
following reliefs;
“a) That the Hon’ble Court may be pleased to issue notice
upon the Plaintiffs to establish their Locus Standi in
respect of alleging undue/unlawful reliefs against the
defendants
b) That the Hon’ble Court may be pleased to consider the
need of adjudicating the present Interlocutory
Procedure prior to the stage of hearing in the present
Suit Procedure to fulfill the main submissions relevant
to framing the issues in the present Suit Procedure.
c) That the Hon’ble Court may be pleased to consider the
necessity of this present Interlocutory Procedure to
keep the present Suit Procedure within the discipline of
clean hand appearance before this Hon’ble Court.
d) No order as to cost.
e) Any other and further reliefs as the Hon’ble Court may
deems fit and proper in the interest of justice.”
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Khatijabi Malik Mohd. Parande & Ors. Vs. Hameed Malik Mohammed Parande
2. Plaintiffs have filed the present suit seeking share in a flat which
is claimed to be a joint family property.
3. Learned counsel for the defendants has not been able to point out
under what provisions of law the present Notice of Motion has been
filed for the aforesaid reliefs and moreover it is difficult to discern as to
what exactly the defendants intend to press for while seeking the
aforesaid reliefs. In such circumstances, no relief can be granted in the
present Notice of Motion and as such, I pass following order.
O R D E R
Notice of Motion No.37 of 2020 stands dismissed.
Sd/-
09/03/2021 (S.B.AGRAWAL)
Principal Judge,
Gr.Bombay.
Dictated on : 09/03/2021
Transcribed on : 09/03/2021
Signed by HHJ on : 09/03/2021
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Khatijabi Malik Mohd. Parande & Ors. Vs. Hameed Malik Mohammed Parande
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
10/03/2021 12.30pm B.R.HATEKAR S.G.
Name of the Judge HH PRINCIPAL JUDGE (CR No.19)
Date of Pronouncement of Judgment/Order. 09/03/2021
Judgment/order signed by P.O on 09/03/2021
Judgment/order uploaded on 10/03/2021
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