Final Order 1

Order Details: Notice of Motion
Pdf Text: IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
COMMON ORDER
IN
NOTICE OF MOTION NOS. 449 OF 2020 & 409 OF 2019
IN
SUIT NO. 495 OF 2011
M/s. John Builders Pvt.Ltd.
& Another. … Plaintiffs.
Versus
M/s. Earnesh John & Company
& Another ...Defendants
Appearance:
Advocate Mr. Gandhi for the Plaintiffs.
Advocate Mr. Bhadang for the Defendants.
CORAM: H.S. SATBHAI,
JUDGE, (C.R.NO. 59)
DATE : 30th August, 2021.
COMMON ORDER
The notice of motion No. 409/2019 has been taken out by
the defendants seeking recast/modification of the issues framed at
Exh.10. The another notice of motion No.449/2020 has been taken out
by the plaintiff for the same relief.
2. Both the parties are of the opinion that the issues framed at
Exh.10 are not in consonance with the pleadings. There is need to
replace those issues as per their respective schedule. Perused the
proposed issues and issues framed at Exh.10. It appears from the
pleadings that the defendants do not dispute the authority of the
plaintiff to have an access in the suit building, its lobby, lift, car parking,
common area etc. The defendant No.1 is maintaining the suit building.
It is incharge of the suit building. It is also responsible for the security
of the building. It is necessary to follow the norms of security by all the
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occupants and visiters of the suit building. It appears from the written
statement that a security/safety procedure has been implied in the suit
building. The plaintiff has raised the question on the working of said
security/safety procedure. In the circumstances, the issues framed at
Exh.10 are not giving an idea that, what the parties are required to
prove in the suit. It is necessary to summarize the dispute by framing
an issue, “whether a proper security of the safety procedure of the suit
building is being implemented and it is convenient to them ?” Such
issue would suffice to summarize the dispute. If such issue is framed,
the parties will be able to lead proper evidence and it would be
convenient for the court to adjudicate the dispute in a just manner.
Therefore, it is necessary to recast the issues at Exh.10 by way of
replacing/adding /modifying/removing the earlier issues. Hence,
following order is passed:
ORDER
1. Both the NM Nos. 409/19 and 449/20 are partly allowed.
2. The issues are recast at Exhibit10 itself.
3. The parties to go through the recast issues and accordingly lead
evidence, if any.
4. In above terms both Notice of Motions are disposed off.
Dated : 30.08.2021 (H.S. SATBHAI)
Judge,
City Civil Court
Gr. Mumbai.
Dictated on : 30.08.2021
Transcribed on : 01.09.2021
Signed on : 01.09.2021
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE & TIME : 02.09.2021 11.15 A.M.
NAME OF STENOGRAPHER : S.S.BATHE
Name of Judge (with Court Room No.) Shri H.S. Satbhai
(C.R.No. 59)
Date of Pronouncement of
JUDGMENT /ORDER
30.08.2021
JUDGMENT /ORDER signed by P.O. on 01.09.2021
JUDGMENT /ORDER uploaded on 02.09.2021
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