Saeed Mahfooz Baig And Ors Execution Petition No.253 of 2012VsAfzal Co operative Housing Society And Anr

Date: 18-01-2018
Business: Adv. Vikram Chavan for Plaintiff  filed regd NM 226/18
NM NO. 226/2018
This NM taken by applicant / obstructionist for recasting of issues framed on 09.01.2018.  It is the contention of the applicant that although issues were framed but those are not specific to the point and do not cover all the controversies involved in the given case for adjudication so also the burden casted upon the applicant to prove all three issues.
Ld Advocate for applican relied  upon the judgement of Tolaram Maharu @ Totaram Chavudas Kole V/S Ramabai Chaudas Kole repot in 1975 SCC online Bombay 130.
               Plaintiff and decree holder filed reply to NM and contended that whatever issues are framed are covering all the controversies and applicants have filed this NM only to protract the matter.  Heard ld Adv Mr. Chavan for applicant and representative of plaintiff.  Applicant has filed draft issues along with notice of motion. I have gone through the contents of draft issues suggested by applicant.
Nature Of Disposal: OTHER
Disposal Date: 18-01-2018

Main Case No: MISC APPLICATION/0100096/2012
Main Cnr: MHCC010164002012
Main Filing No: -

Filing Number: 101056/2018
Filing Date: 18-01-2018
First Hearing Date: 18th January 2018
Decision Date: 18th January 2018
Court Number And Judge: 12-COURT 12  ADDL SESSIONS JUDGE