Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM no.535-19 in L.C.SUIT no.2783-14
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY.
NOTICE OF MOTION NO.535 OF 2019
(CNR no. MHCC010013822019)
IN
L.C. SUIT NO. 2783 OF 2014
(CNR no. MHCC010103832014)
Mr. Aziz Esmail Dhariwala ]..Plaintiff
Versus
Mohd. Kaunian Mohd. Ayub Shaikh ]... Defendant
Coram : Dr. M. S. Deshpande, Judge
(Court Room no. 01)
Date : 13th March, 2019.
Ms. J.P. Thakkar, advocate for plaintiff.
Mr. G. V. Mhatre, advocate for defendant.
ORDER
1. The defendant has taken out this motion seeking
production of certain documents from the plaintiff upon which the
plaintiff has relied upon.
2. The learned advocate for the plaintiff submitted that the
motion is in the form of notice under Order XIII Rule 1 of the Code of
Civil Procedure (C.P.C.) and the plaintiff should be directed to produce
the documents which the plaintiff has referred in the plaint.
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2 NM no.535-19 in L.C.SUIT no.2783-14
3. The learned advocate for the defendant submitted that the
plaintiff has produced all the documents when the plaintiff tendered
affidavit of evidence on 16.12.2017 and they form part of compilation
of documents. She further submitted that during the course of evidence
the plaintiff will call the witness from Nagapada police station in order
to produce on record the disputed agreement for sale, receipt, affidavit
and deed of power of attorney dated 16.11.2007 and therefore, the
motion should be dismissed.
4. The plaintiff has instituted a suit for declaration that the
defendant has no rights in the suit premises and the alleged documents
dated 16.11.2007 being forged and fabricated are not enforceable and
binding on the plaintiff etc. and for consequential, relief for injunction
that the defendant should not part with the possession of the suit
premises.
5. By order dated 17.11.2017, the suit is directed to be heard
without written statement of the defendant. On 16.12.2017, the
plaintiff filed affidavit of evidence and compilation of document
including various documents on which the plaintiff has relied upon.
Considering the statement made by the plaintiff that he will call for
disputed document which are seized from the defendant during the
investigation of the crime registered against the defendant in
furtherance of the report lodged by the plaintiff, the present motion is
not tenable and it is required to be dismissed accordingly, the following
order is passed :
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3 NM no.535-19 in L.C.SUIT no.2783-14
ORDER
1. The notice of motion no. 535 of 2019 is dismissed.
2. Parties to bear their own costs of the notice of motion.
Sd/-
(Dr. M. S. Deshpande)
Judge,
Date : 13.03.2019 City Civil Court, Mumbai.
Dictated on : 13.03.2019
Transcribed on : 14.03.2019
Checked by HHJ on : 14.03.2019
Signed by HHJ on : 14.03.2019
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4 NM no.535-19 in L.C.SUIT no.2783-14
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 14.03.2019 at 5.50 p.m.
NAME OF STENOGRAPHER : Mrs. Gayatri P. Acharekar
Name of the Judge (With
Court Room no.)
HHJ Shri. M. S. Deshpande
C.R. no.01
Date of Pronouncement of
JUDGMENT/ORDER
13/03/2019
JUDGMENT/ORDER signed by
P.O. on
14/03/2019
JUDGMENT/ORDER uploaded
on
14/03/2019
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