Final Order 1

Order Details: Notice of Motion
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CNR: MHCC01-000547-2020
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO.241 of 2020
IN
S.C. SUIT NO.3818 of 2009
Dishant Mayur Pancholi & Ors. .. Plaintiffs
V/s.
Samit S. Mehta & Anr. .. Defendants
Appearances :-
Mr Adv. Panchal for plaintiff.
Mr. Adv. Amin for defendants.
Coram : R. M. Sadrani
Judge, City Civil Court,
Greater Bombay, C.R. No.07.
DATED : 6h March, 2021.
ORDER
1. Perused the Notice of Motion. Heard both the sides.
2. This Notice of Motion is moved by the defendants for
framing of additional issue.
3. Ld.advocate for defendants submitted that suit is for
declaration that the gift deed dated 26/07/1977 be declared as
void and not binding on the plaintiff. However, the deceased
Tarulata who had executed the gift deed and now no more, in fact
before the Hon’ble High Court in suit No.1454/1998 file the
Consent Terms. In view of Consent Terms, the present suit is
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barred under Order XXIII, Rule 3A of the Code of Civil Procedure.
He requested to frame issue accordingly. On the contrary,
Ld.advocate for plaintiff submitted that issue No.2 framed is
regarding declaration, which covers the proposed issue. There is
no need to frame additional issue.
4. I go through the records. Issue of bar of the suit is totally
different from issue of declaration. Considering the facts of the
case and pleading of the parties the proposed issue is legal issue,
needs to be framed. Therefore, I am inclined to allow the Notice of
Motion and pass following order.
ORDER
1. Notice of motion No.241/2020 is allowed and additional
issue that is Issue No.6A is framed as under:-
“6A. Do the defendants prove that the suit is barred
under Order XXIII Rule 3A of the Code of Civil Procedure by
reasons of the Consent Terms/Consent Decree filed in the
suit before the Hon’ble High Court bearing No.1454/1998
filed by the deceased Tarulata Sanatkumar Mehta.”
2. Notice of Motion is disposed off accordingly.
(R. M. Sadrani)
Judge,
City Civil and Sessions Court,
Dated : 06/03/2021 Greater Bombay.
Dictated on : 06/03/2021
Transcribed on : 06/03/2021
Signed on : 06/03/2021
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
08/03/2021 01.48 p.m. (Ms. J.V.Pawar)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
no.)
Shri R. M. Sadrani
(C.R. No.7)
Date of Pronouncement of
JUDGMENT/ ORDER
06/03/2021
JUDGMENT/ORDER signed by P.O.
on
06/03/2021
JUDGMENT/ORDER uploaded on 08/03/2021
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