Final Order 1

Order Details: Notice of Motion
Pdf Text: NM No. 422 of 2020 1
MHCC010035392013
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 422 OF 2020
IN
S. C. SUIT NO. 3052 OF 2013
Mrs. Tabinda Abdulla Kantawala ...Plaintiff
Versus
1. Mrs. Pooja Vilasrao Jagdale and another ...Defendants
CORAM : HIS HONOUR JUDGE
SHRI C.S.Datir
CITY CIVIL COURT, GR.BOMBAY
(C.R. NO.63).
DATE : 01-07-2025
Appearance:
Ld. Advocate Shri. Vijay Daddam for the plaintiff.
Ld. Advocate Shri Praful Pawar h/f Ld. Advocate Shri Prashant Karande
for defendant No.1.
Ld. Advocate Shri Sharad Wakchoure for defendant No.2.
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NM No. 422 of 2020 2
ORDER
1. Defendant no.1 has taken out this notice of motion for
framing additional issues.
2. According to him, Court has already framed issues on
20-01-2018. Defendant No.1 filed written statement in the year 2013 and
raised specific objection regarding jurisdiction, maintainability, limitation
and nonjoiner of necessary parties. However, issues to that effect not
framed. He prays that, issues as per pleadings in written statement be
framed. If it is framed, no prejudice will be caused to the other side, as he
would have an opportunity for cross examination.
3. Plaintiff has filed say and resisted application, saying that, issues
are already framed by this Court on 20-01-2018 The plaintiff has filed
examination-in-chief on affidavit. Defendant no.1 deliberately with
malafied intention took several adjournments and prolonged the matter.
Now, the case is for cross examination. The proposed issued suggested by
the defendant no.1 are not necessary. Hence, application may be rejected.
4. Heard argument. Perused record.
5. No doubt, defendant No.1 took objection in written statement
regarding the jurisdiction, maintainability and limitation of the suit. If
issues are framed as prayed, no prejudice will be caused to the other side.
On the contrary, defence taken by defendant no.1 needs to be considered
by framing additional issues. Hence, order:
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NM No. 422 of 2020 3
ORDER-
1. Notice of Motion No.422 of 2020 is allowed.
2. Necessary issues have been framed below Exh.7 dtd. 20-01-
2018.
3. Accordingly, Notice of Motion No.422 of 2020 is disposed off.
(C.S. Datir)
Judge,
City Civil Court,
Date : 01-07-2025 Gr. Bombay.
Dictated on : 01-07-2025
Typed on : 01-07-2025
Corrected on : 01-07-2025
Signed on : 01-07-2025
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NM No. 422 of 2020 4
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
01-07-2025 4.00 P.m. K.M.Rana
Name of the Judge (with Court Room
no.63)
HHJ Shri C.S.Datir
(Court Room No.63).
Date of Pronouncement of Judgment/Order 01-07-2025
Judgment/Order signed by P.O. on 01-07-2025
Judgment/Order uploaded on 01-07-2025
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