Final Order 1

Order Details: Notice of Motion
Pdf Text: ORDER ..1..
MHCC010007282018
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO.192 OF 2018
IN
S.C.SUIT NO.4763 OF 2008
New Sahydri View Co op HSG Society Ltd. …Plaintiff
Versus.
M/s. Veekay Builders Associates and Others. … Defendants.
Appearance :
Adv. Damani for plaintiff.
Adv. Vasim Shaikh for defendant no. 1.
CORAM : HIS HONOUR JUDGE
R.R.Patare
COURT NO.2
DATED : 11th October, 2022.
ORAL ORDER
Perused pleading and heard advocate for both parties. This
notice of motion is taken out by the plaintiff requesting to pass
Judgment on admission. It is stated that plaintiff is entitled to get
conveyance deed in respect of recreation ground in favour of plaintiff
society. It is stated that suit no.5534 of 2003 filed by the plaintiff
against the defendant no.1 came to be decreed in terms of settlement
on 25.03.2004. The said suit was filed for enforcement of statutory
obligation under MOFA. It is alleged that the defendant no.1 has not
complied with the terms and conditions of consent decree. It is further
-- 1 of 3 --
ORDER ..2..
stated that plaintiff society is entitled for conveyance in respect of
recreation ground.
2. The defendant appeared and filed his reply to the notice of
motion. The written statement of defendant is on record. The defendant
has denied the claim of plaintiff in plaint para 10 Order XII Rule 6
empowers the Court to pass judgment or decree in respect of admitted
claims pending disposal of adjudication of the disputed claims, decree
can be passed on the basis of admission, where it is contained in the
pleading or elsewhere such an admission may be in writing or may be
even oral. However, such admission may be cleared and certained. In
the case in hand the defendant in written statement in para 10 has
categorically denied the right of plaintiff to get conveyance in respect of
recreation ground as claimed by the plaintiff society. It has come on
record that execution petition filed on the basis of consent terms is
pending. The plaintiff has failed to made out ground to pass Judgment
on admission under Order XII Rule 6 of the C.P.C. In such circumstances,
notice of motion cannot be allowed in the present case. Hence following
order.
ORDER
Notice of Motion No.192 of 2018 stands rejecting with no order
as to costs.
(R.R.Patare)
Judge
City Civil Court, Gr.Mumbai
Date : 11.10.2022
Typed on : 11.10.2022
HHJ signed on : 11.10.2022
-- 2 of 3 --
ORDER ..3..
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
DATED 11.10.2022 , 5.30 p.m.
UPLOAD DATE AND TIME Mrs. V. N. Rajgole.
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
H.H.J. Shri. R.R.Patare
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
11.10.2022
JUDGMENT/ORDER signed by P.O.
on
11.10.2022
JUDGMENT/ORDER uploaded on 11.10.2022
-- 3 of 3 --