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Court Order

Interim Order 1

CNR MHCC01000128201805 Aug 2024
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Interim Order 1 · 05 Aug 2024 · CNR MHCC010001282018

Order Details: Other
Pdf Text: S. C. Suit No. 452/2018 Issues Exh.9
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
SHORT CAUSE SUIT NO.452 OF 2018
Mr. Gustad Rashid Irani … Plaintiff
V/s.
Mrs. Bai Purbai Damji Shah and Ors. … Defendants
ISSUES
1. Does the plaintiff prove that the Agreement dated
20.08.1990 is void and deserves to be cancelled?
2. Does he further prove that the Power of Attorney dated
24.08.1990 has become unenforceable and also deserves to
be cancelled?
3. Whether defendants No.1 to 4 are having any right, title or
interest in the suit property on the basis of above said
agreement and power of attorney?
4. Does plaintiff further prove his possession over the suit
property and that the defendant No.5 is obstructing his
possession over the suit property?
5. Whether suit is barred as per Section 22 of the Maharashtra
Slum Areas (Improvement, Clearance and Re-development)
Act, 1971?
6. Whether plaintiff has valued properly this suit and has paid
adequate Court fees thereon?
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7. Whether plaintiff is entitled his declarations as prayed for?
8. Whether he is further entitled for cancellation of Agreement
dated 20.08.1990 and the Power of Attorney dated
24.08.1990?
9. Whether he is entitled for perpetual injunction against the
defendants No.1 to 5 as prayed?
10. What order, decree and costs?
S/d
(R. D. Deshpande)
Date : 05.08.2024 Judge, City Civil Court
and Addl. Sessions Judge
Gr. Mumbai.
Court Room No.61
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