Final Order 1

Order Details: Notice of Motion
Pdf Text: CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
25/04/2019 Roznama
Suit No.
6095/2007
Exh. 36
Resumed.
Adv. Aniket Worlikar for plaintiff and Adv. Irma for
defendant no. 1 are present.
Exh. 36 - Affidavit of evidence of def. no. 1. Mr. K. M.
Chotalia. He is absent. Keep for verification. Copy served
on Adv. Worlikar.
Adv. Irma seeks time to file compilation of documents.
Time is granted with a direction to serve the copy of
compilation of documents to the advocate for plaintiff
before next date.
Adjd for filing compilation of documents to 12.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
25/04/2019 Roznama
Suit No.
8271/2000
Resumed.
Adv. Anil Jadhav with plaintiff and Defendant No. 1 in
person are present. Plaintiff seeks time to produce the
record from his bank. The suit is 20 years old. The
plaintiff has already sought three months time since
14.01.2019. Time is granted as last chance.
Adjd for evidence of plaintiff to 20.06.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
25/04/2019 Roznama
Suit No.
7250/2004
Resumed.
Adv. Aarti Sharma for plaintiff and Adv. Hindade for
defendant no. 1 are present.
Adv. Sharma seeks time to argue the NM. Time is granted
as last chance.
Adjd for NM arguments to 07.06.2019.
Judge
1
-- 1 of 15 --
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
25/04/2019 Roznama
Suit No.
553/2017
Resumed.
None for plaintiff and defendant.
Adjd for evidence of plaintiff or orders to 10.07.2019.
Lo. at 2.00 p.m. Adv. L. S. Parte with PW no. 1 Mr. S. K.
Kale.
Exh. 1 - Plaint
Exh. 2 - Vakalatnama. O- Seen and filed.
Exh. 3 - Address Memo. O- R and R.
Exh. 4 - List of documents. O - Seen and filed.
Exh. 5 - Affidavit in support of plaint.
Exh. 6 - Affidavit of evidence of PW no. 1. Mr. kale
Exh. 7 - Compilation of documents. O- other side to say.
He undertakes to serve the copies of affidavit and documents
on Advocate for defendant.
Adjd for reply on admissibility of documents to 10.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
25/04/2019 Roznama
Suit No.
552/2017
Resumed.
Plaintiff in person is present.
Kept back.
Adjd for evidence of plaintiff or orders to 10.07.2019.
Lo. at 2.00 p.m. Adv. L. S. Parte with PW no. 1 Mr. S. K.
Kale
Exh. 1 - Plaint
Exh. 2 - Vakalatnama. O- Seen and filed.
Exh. 3 - Address Memo. O- R and R.
Exh. 4 - List of documents. O - Seen and filed.
Exh. 5 - Affidavit in support of plaint.
Exh. 6 - Affidavit of evidence of PW no. 1. Mr. kale
Exh. 7 - Compilation of documents. O- other side to say.
He undertakes to serve the copies of affidavit and documents
on Advocate for defendant.
Adjd for reply on admissibility of documents to
10.07.2019.
Judge
2
-- 2 of 15 --
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
25/04/2019 Roznama
Suit No.
7545/2006
Resumed.
None for plaintiff and defendant. Mr. S. S. Toraskar,
section officer, office of the Court Receiver High Court
Bombay tendered C.R.R No. 87/2019. He undertakes to
serve the copies on the respective advocates or parties.
The parties to record their reply on the C.R. report on or
before next date.
None for the Collector of Stamps. His report about
payment of stamp duty is awaited.
Adjd for reply to Court Receivers Report and report of the
Collector of stamps to 20.06.2019.
L.O. at 11.15 p.m. Adv. Amogh Karandikar for plaintiff
and Adv. Rajesh Patil for def. Nos. 2 to 8 are present.
None for def. no. 1.
Adv. Karandikar submits that the issue regarding the
payment of stamp duty will be complied before next date.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
25/04/2019 Roznama
Suit No.
3535/2013
Exh. 5
Resumed.
Adv. Poonam Tiwari for plaintiff is present. None for
defendant.
Exh. 5 - List of documents which are already filed on
27.02.2019.
Adv. Tiwari submits that the copies of affidavit and
documents are already served on defendants.
Adjd for reply and arguments on admissibility of
documents or passing necessary orders to 09.07.2019.
L.O. at 12.00 noon Adv. Nooman Jafri for def. no. 3 is
present.
Adjd for reply and arguments on admissibility of
documents or passing necessary orders to 09.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
25/04/2019 Roznama
Suit No.
1033/2018
Resumed.
None for plaintiff and defendants.
Parties are directed to file draft issues.
Adjd for framing issues to 30.07.2019.
Judge
3
-- 3 of 15 --
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
25/04/2019 Roznama
Suit No.
1186/2015
Resumed.
Adv. Santosh Chodankar submits that Adv. Sarfare for
plaintiff expired on 22.04.2019. None for plaintiff.
Adv. Vaishali Chaturvedi for def. no. 1 tendered draft
issues. Copy served on Adv. Chodankar.
Adjd for framing issues to 29.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
25/04/2019 Roznama
Suit No.
1394/2016
Resumed.
None for plaintiff and defendants.
Parties are directed to file draft issues.
Adjd for framing issues to 29.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
25/04/2019 Roznama
Suit No.
859/2018
Resumed.
None for plaintiff and defendants.
Parties are directed to file draft issues.
Adjd for framing issues to 30.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
25/04/2019 Roznama
Suit No.
879/2018
Resumed.
None for plaintiff and defendants.
Parties are directed to file draft issues.
Adjd for framing issues to 30.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
25/04/2019 Roznama
Suit No.
880/2018
Resumed.
None for plaintiff and defendants.
Parties are directed to file draft issues.
Adjd for framing issues to 30.07.2019.
Judge
4
-- 4 of 15 --
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
25/04/2019 Roznama
Suit No.
4822/2012
Resumed.
None for plaintiff and defendant.
Adjd for settlement to 09.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
25/04/2019 Roznama
Suit No.
3348/2012
Resumed.
Adv. Shashi Singh for plaintiff and Adv. Mishra for
defendant are present.
Adv. Mishra seeks time to get the NM registered. Time is
granted as last chance failing which the NM will stand
dismissed without reference to the Court.
Adv. Mishra undertakes to supply copy of additional reply
to Adv. Singh.
Adjd for compliance and NM arguments to 10.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
25/04/2019 Roznama
Suit No.
2281/2013
Resumed.
Plaintiff in person is present. His advocate is absent.
None for defendant.
Plaintiff seeks time to argue the NM. Time is granted as
last chance.
Adjd for NM arguments to 18.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
25/04/2019 Roznama
Suit No.
733/2015
Resumed.
Adv. Archana Hatode for plaintiff, Adv. Redekar for def.
no. 5 and Adv. D. D. Jani for def. no. 6 are present.
Adv. Hatode seeks time to argue the NM. Time is granted
as last chance.
Adjd for NM arguments to 12.07.2019.
Judge
5
-- 5 of 15 --
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
25/04/2019 Roznama
Suit No.
4497/2010
Resumed.
None for plaintiff.
Adv. Nisha Shah for def. no. 2 seeks time to file w.s. Time
is granted as last chance with a direction to serve the copy
of w.s. to advocate for plaintiff in advance.
Adjd for written statement to 01.07.2019.
L.O. at 12.05 p.m. Adv. Vikas Singh I/b Lambay and Co.
for plaintiff is present.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
25/04/2019 Roznama
Suit No.
1969/2013
Resumed.
C.A. of plaintiff is present. His advocate is absent. Adv.
Punit Desai for def. No. 7 (a) and (b) is present.
C. A. of plaintiff seeks time on the ground that Adv. Mira
Chandani is busy before High Court. Time is granted as
last chance.
Adjd for NM arguments to 15.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
25/04/2019 Roznama
Suit No.
1442/2016
Exh. 9
Exh. 10
HCTB.
August 2019
Resumed.
Adv. Gharat h/f Adv. Andrews for plaintiff and Adv. Vinu
Dube for defendant no. 1 are present. None for remaining
defendants.
Exh. 9 - Affidavit of evidence of PW no. 1 Mr. Bijaykumar
Sanghai. Verification is recorded.
Exh. 10 - Compilation of documents. O- Other side to say.
Copies are served on Adv. Vinu Dube.
Adv. Dube submits that Mr. Yogesh Thakkar the partner of
defendant no. 2 in or about September 2018. The
plaintiff to take necessary steps if any.
Adjd for reply on admissibility of documents
to .07.06.2019.
Judge
6
-- 6 of 15 --
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
25/04/2019 Roznama
Suit No.
7105/2000
HCTB
Dec. 2019
Exh. 77
Exh. 78
Exh. 79
Exh. 80
Exh. 81
Exh. 82
Exh. 83
Resumed.
Plaintiff in person is present. Adv. Shivaji Bankar for def.
Nos. 1 to 4 is present.
The advocate for plaintiff is absent when called out. Adv.
Bankar submits that none of the documents are admitted
by the defendants. Perused the documents filed with list
Exh. 76, the affidavit of evidence Exh. 5 A and the
respective pleadings. The suit is for declaration of title
and recovery of possession of the suit property.
Considering the same the following order is passed-
1. The document at Sr. no. 1 is the ration card claimed to
be of grandmother of the plaintiff. It is filed at Exh. 77.
2. The document at Sr. no. 2 is the ration card claimed to
be the uncle of plaintiff. It is filed at Exh. 78.
3. The document at Sr. no. 3 is the ration card of the
plaintiff. It is filed at Exh. 79.
4. The documents at Sr. no. 4 and 5 are the identity cards
of the plaintiff and his uncle issued by the election
commission, they are collectively filed at Exh. 80.
5. The documents at Sr. no. 6 and 7 are the Aadhar cards
of the plaintiff and his uncle, they are collectively filed at
Exh. 81.
6. The documents at Sr. no. 8 and 9 are electricity bills
respectively issued in the name of plaintiffs uncle and
plaintiff. They are collectively filed at Exh. 82.
7. The document at Sr. no. 10 is duplicate death
certificate of Mohommad Ayub. The plaintiff to prove the
same as per law.
8. The document at Sr. no. 11 is the death certificate of
Sarvari Begum claimed to be mother of plaintiff. It is filed
at Exh. 83.
Adv. Bankar is ready for cross examining the PW no. 1.
However, the Pw no. 1 seeks time on the ground that his
advocate is busy in High Court. Time is granted as last
chance. Adv. Bankar submits that though the defendants
have brought the cheques, they are in-advertantly written
in the name of Registrar High Court. He seeks time.
Time is granted with a direction to deposit the amount of
compensation cum rent within a period of week from
today in the court.
Adjd for cross examination of Pw no. 1 to 06.06.2019.
Judge
7
-- 7 of 15 --
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
25/04/2019 Roznama
Suit No.
451/2017
Resumed.
Adv. Khandori for plaintiff and Adv. Wasim Khan for
defendant nos. 1 and 2 are present.
Heard, respective advocates on NM No. 173/2019.
The Ld. Advocate for defendant submits that due to some
misunderstanding about the dates the defendants could
not file the w.s. and therefore, in order to decide the
matter on merits the NM will be allowed. On the other
hand, the Ld. Advocatre for plaintiff strongly opposed to
allow the NM on the ground that the defendants are
under statutory obligation to file the w.s. within
prescribed time.
Considering rival submissions and in view of the ratio
laid down by Hon'ble High Court Bombay in the case of
Vimalkumar vs Vinodkumar reported in 1999 (1) Mh. L. J.
180 Rule 10 of Order VIII of C.P.C gives discretion to the
Court and Court can permit to file w.s. at any stage prior
to pronouncement of judgment. Therefore, the following
order is passed.
The Notice of Motion No. 173/2019 is made absolute in
terms of prayer clause (a) and (b) subject to payment of
costs Rs. 1500/- paid to plaintiff or to be deposited in the
Court for that purpose within two weeks from today.
Adv. Khandori seeks time to take necessary steps/file
affidavit of service in respect of def. no. 3.
Adjd for compliance to 22.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
25/04/2019 Roznama
Suit No.
1058/2015
Resumed.
Adv. Pande for plaintiff and Adv. Ramesh Kamble for
defendant are present.
Adv. Pande submits that the order dtd. 11.04.2019 has
been complied with. He seeks time to serve copy of
amended plaint to Adv. for defendant.
Adjd for NM arguments to 15.07.2019.
Judge
8
-- 8 of 15 --
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
25/04/2019 Roznama
Suit No.
1655/2015
Resumed.
Adv. Rupa Mittal for plaintiff is present. None for
defendant.
Adv. Mitttal seeks time to serve copies of amended plaint
on the defendant.
Exh. 1 - Plaint
Exh. 2 - Vakalatnama. O- Seen and filed.
Exh. 3 - Address Memo. O- R and R.
Exh. 3 A- Vakalatnama of Adv. Khalid Khan for defendant.
O- seen and filed.
Exh. 4 - Written statement of Defendant. O- R and R.
Exh. 4 A - List of documents. O - Seen and filed.
Exh. 5 - Affidavit in support of plaint.
Adjd for additional w.s. if any to 17.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
25/04/2019 Roznama
Suit No.
1766/2018
Resumed.
Adv. Pathan for plaintiff is present. None for defendants.
Adv. Pathan seeks time to serve the L.R. of defendant nos.
1 and 4. Time is granted as last chance.
Adjd for affidavit of service to 25.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
25/04/2019 Roznama
Suit No.
2169/2012
Resumed.
Adv. Holmagi for plaintiff and Adv. Ashish Kale defendant
no. 1 are present.
Adv. Holmagi submits that the original plaintiff is dead
and a ch/s is pending to bring his L.R. on record.
However, the matter is wrongly shown for issues. He
undertakes to tender registered Ch/s on next date and to
serve the copy of Ch/s on other side before next date.
Adjd for Ch/s reply to 25.07.2019.
Judge
9
-- 9 of 15 --
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
25/04/2019 Roznama
Suit No.
1580/2018
Resumed.
Adv. H. Rehman for plaintiff, Adv. Mugdha Modi for
defendant no. 1 and defendant no. 3 in person are
present. None for remaining defendant nos. 4.
Adv. Rehman submits that the plaintiff will take necessary
steps against def. no.5. He also tendered draft Ch/s with
affidavit seeking substituted service by publication in
news paper. Leave to register is granted. Perused the
affidavit and copy of envelop returned unserved with a
remark “incomplete address- not know.”
Considering the same the Ch/s is made absolute with a
direction to publish the writ of summons in daily news
paper free press journal and Gujrat Samachar as
suggested by Adv. Rehman and further also through the
sheriff.
Plaintiff to comply the formality of registration of Ch/s.
Accordingly the draft Ch/s is disposed off.
Adv. Modi seeks time to get the NM dated 26.02.2019
registered. Copy is served on Adv. Rehman. Leave to
register is granted.
Adjd for NM reply and compliance to 22.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
25/04/2019 Roznama
Suit No.
1097/2014
Resumed.
Adv. Pratushya for plaintiff and Adv. Nidhi Aashar for
defendant nos. 1 and 2 are present.
Exh. 1 - Plaint
Exh. 2 - Vakalatnama. O- Seen and filed.
Exh. 3 - Address Memo. O- R and R.
Exh. 4 - List of documents. O - Seen and filed.
Exh. 5 - Affidavit in support of plaint.
Exh. 6 - Vakalatnama of Key Stone Partner for Adv. Sita
Kapadia for defendant nos. 1 and 2. O- seen and filed.
Adv. Aashar seeks time to file Ch/s reply. Time is granted
as last chance with a direction to serve the copy of reply
in advance to the advocate for plaintiff.
Adjd for Ch/s reply to 23.07.2019.
Judge
10
-- 10 of 15 --
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
25/04/2019 Roznama
Suit No.
7433/2005
Mentioned. NOB. TOB.
Adv. Ashish Gupta h/f Adv. Sonali Salaskar for plaintiff is
present. He tendered copy of order dtd. 05.03.2019
passed by the Hon'ble High Court (Coram – Smt. Anuja
Prabhudessai, J) in A.O. no. 556/2015, whereby the
Hon'ble High Court had been pleased to allow the appeal
and set aside the order dtd. 18.02.2015, subject to
payment of costs Rs. 10,000/- and further to restore this
suit on the file with a direction that both the parties to
appear before City Civil Court on 25.04.2019.
Adv. Gupta submits that the costs Rs. 10,000/- has been
paid to the the Adv. Alokkumar Mohanlal Bagla the
advocate for defendant nos. 2 and 3. In furtherance of
the aforesaid order the suit is taken on the file of this
Court.
On perusal of record it appears that the defendant no. 1
has filed w.s. on 15.02.2008. The def. Nos. 2 and 3 have
not filed the w.s.
It is also necessary to mark the exh. number in order to
maintain proper record.
Exh. 1 - Plaint
Exh. 2 - Vakalatnama. O- Seen and filed.
Exh. 3 - Address Memo. O- R and R.
Exh. 4 - List of documents. O - Seen and filed.
Exh. 5 - Affidavit in support of plaint.
Exh. 6 - Written statement of Def. no. 1. O- R and R.
Adv. Gupta undertakes to communicate the next date and
stage of the matter to the defendants.
Adjd for written statement of Def. Nos. 2 and 3 to
16.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
25/04/2019 Roznama
Suit No.
89/2015
Exh. 25
Exh. 26
Exh. 27
Exh. 28
HCTB June 19
Resumed.
Adv. Giriraj for plaintiff and Adv. Khambete with Dw no. 1
are present.
Exh. 25 - list of documents by Dw no. 1. O- Production is
allowed.
Exh. 26 - Copy of leave and license agreement.
Exh. 27 - Copy of complaint dated 24.02.2012.
Adv. Giriraj completed cross examination of DW no. 1.
Exh. 28 - Evidence closure pursis by defendant.
Adjd for arguments to 07.06.2019.
Judge
11
-- 11 of 15 --
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
25/04/2019 Roznama
Suit No.
472/2013
Resumed.
None for defendant.
Adv. Amol Bagat h/f Adv. Sameer Sarmalkar for applicant
is present.
Exh. 10 - Vakalatnama of Adv. Sarambalkar for the
applicant in Ch/s.
Adv. Bagat tendered draft Ch/s with affidavit seeking to
bring on record the L.R. of plaintiff. The copy of death
certificate shows that the original plaintiff died on
24.03.2019. The copy of power of attorney dated
18.04.2019 shows that the applicant has appointed
Rajendra Anandrao Yadav as her C.A. Considering the
nature of the suit for declaration and injunction the right
to sue survives the Ch/s has been taken out within
statutory limitation. Therefore, the Ch/s is made absolute
in terms of prayer clause (a). Necessary amendment to
the plaint be carried out within two weeks from today.
The Ch/s be registered for statistical purposes. Copy of
amended plaint supplied to the advocate for defedant in
advance.
Adjd for compliance to 03.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
25/04/2019 Roznama
Suit No.
2629/2017
Resumed.
Adv. Priti Sabne for plaintiff is present. None for
defendant.
Adjd for NM arguments to 25.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
25/04/2019 Roznama
Suit No.
2495/2018
Resumed.
Adv. Shaikh Oniza h/f Adv. Ghatte for plaintiff and Adv.
Pradip Jain for defendant no. 3 and 4 are present.
Adv. Jain seeks time to get the NM registered. Time
is granted with a direction if the def. Nos. 3 and 4 fail to
get register the NM till next date it will stand dismissed
without reference to Court.
He also undertakes to supply copy of w.s. to Adv. Ghatte.
Adjd for NM reply to 26.07.2019.
Judge
12
-- 12 of 15 --
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
25/04/2019 Roznama
Suit No.
413/2014
(Disposed off)
Resumed.
Adv. D. Brijesh for plaintiff is present. Defendant no. 3 in
person is present.
Def. no. 3 tendered affidavit in reply to NM No.
1199/2019 for def. Nos. 2 to 4.
Adjd for NM arguments to 03.05.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
25/04/2019 Roznama
Execution Appln.
No. 539/2011
Resumed.
None for JD and DH.
The DH as well as JD are directed to make a statement
before the Court about the pendency of the appeal and
order of stay if any to execution proceeding. Both the
parties are absent since 12.01.2016. If they fail to comply
with the aforesaid order appropriate orders will be passed
in the matter.
Adjd for compliance/dismissal orders to 12.07.2019.
Judge
13
-- 13 of 15 --
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
25/04/2019 Roznama
Execution Appln.
No. 721/2014
Resumed.
The P.O. is busy in recording evidence in high court time
bound matter i.e. suit No. 89/2015.
Adjd for compliance to 13.06.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
25/04/2019 Roznama
Suit No.
1093/2019
Resumed.
None for plaintiff and defendant.
Exh. 1 - Plaint
Exh. 2 - Vakalatnama. O- Seen and filed.
Exh. 3 - Address Memo. O- R and R.
Exh. 4 - List of documents. O - Seen and filed.
Exh. 5 - Affidavit in support of plaint.
Adjd for affidavit of servivce to 24.06.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
25/04/2019 Roznama
Suit No.
1252/2015
@ 1256/2015
Received writ from Hon'ble High Court bearing No. D.D.
(A.O) No. C0707301 of 2019 dated 15.04.2019 in AFO
No. 114 of 2018 with CA No. 151 of 2018 along with AFO
No. 120 of 2018 with CA No. 161 of 2018 with order dtd.
05.03.2019.
O – Hence the appeal from order is allowed. The
impugned order is set aside. The trial court to decide the
Notice of Motion afresh on its own merits after the
decision in Chamber Summons. Till such time ad-interim
relief granted by order dated 7th November, 2015 to
continue.
O- Received and seen today. Sheristedar to comply
immediately.
Judge
14
-- 14 of 15 --
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
25/04/2019 Roznama
Suit No.
1252/2015
@ 1256/2015
Received writ from Hon'ble High Court bearing No. D.D.
(A.O) No. C0707323 of 2019 dated 15.04.2019 in AFO
No. 115 of 2018 with CA No. 152 of 2018 along with AFO
No. 123 of 2018 with CA No. 165 of 2018 with order dtd.
05.03.2019.
O – The impugned order is set aside and the matter is
remanded to the trial court to decide the matter afresh
after considering the pleadings as well as the other
material on record.
Ad-interim relief granted by the trial court by order dtd.
11.05.2015 shall remain in force till the notice of motion
is decided on merits.
The Ld. Judge to endeavor to dispose of the notice of
motion as expeditiously as possible and in any event
within a period of six months from the date of receipt of
this order.
The appeals stand disposed of. In view of the disposal
of the appeal from orders, civil applications do not
survive and the same are disposed of.
O- Received and seen today. Sheristedar to comply
immediately.
Judge
15
-- 15 of 15 --