Final Order 1

Order Details: Notice of Motion
Pdf Text: CNR No.MHCC010012662019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER BOMBAY
NOTICE OF MOTION NO.500 OF 2019
IN
SUIT NO.1580 OF 2014
Mr. Vinod Kumar S/o. Rammurat Yadav .. Plaintiff
Versus
Mr. Rammurat Bhagwatidin Yadav .. Defendant
Mr. Ravindra Singh, advocate for Plaintiff
Ms. Hina A. Mody, advocate for defendant
CORAM : M. T. ASIM, J
COURT ROOM NO.02
DATED : 11th June, 2019
ORAL ORDER
Notice of motion is taken out by defendant for recasting issue by
deleting issue Nos.1 to 3 and to frame issue 'Whether plaintiff proves
that he has legal right to remain in suit premises?'
2. It is the contention of defendant that issues framed by this Court
is not about real dispute. Real dispute between the parties is that
plaintiff has any legal right to remain in suit premises. Accordingly,
defendant has made prayer in above terms.
3. Plaintiff has filed his reply and opposed notice of motion on the
count that notice of motion is taken out only to delay the proceeding as
the suit has been kept for leading evidence. Notice of motion is taken
out with malafide intention and no case is made out for recasting issues.
Accordingly, it is prayed that notice of motion be dismissed.
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4. I have gone through notice of motion, affidavit in support of it,
reply of plaintiff and pleadings of parties. Heard respective counsel for
parties. They advanced their arguments in accordance with respective
submission of parties.
5. It is pertinent to note that plaintiff has filed simplicitor suit for
injunction making prayer that defendant, his agents, servants and/or
any other person or persons claiming through him be restrained from in
any manner disturbing his joint use, occupation and possession of suit
premises without following due process of law. Thus, plaintiff has not
sought any declaration that he has legal right to remain in suit
premises. Therefore, issue as suggested by defendant is not necessary
for deciding controversy between the parties. Keeping in view
pleadings; issues framed by my learned Predecessor are just and proper
for decision of controversy between the parties. There is no need to
delete issue Nos.1 to 3 and recast issue No.1 as prayed by defendant.
Hence, pass following order.
ORDER
Notice of Motion No.500 of 2019 stands dismissed and disposed off
accordingly.
(M. T. Asim)
Judge
Date : 11.06.2019 Gr. Bombay
Typed on : 11.06.2019
HHJ signed on :
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
11.06.2019, 5.00 p.m.
UPLOAD DATE AND TIME Mrs. S. P. Pawar
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
H.H.J. Shri. M. T. Asim
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
11.06.2019
JUDGMENT/ORDER signed by P.O.
on
11.06.2019
JUDGMENT/ORDER uploaded on 11.06.2019
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