Full Order Text
Final Order 1 · 25 Jun 2025 · CNR MHCC010013962020
Order Details: Chamber summons Pdf Text: Chamber Summons No.204 of 2020 1 MHCC010013962020 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. CHAMBER SUMMONS NO. 204 OF 2020 IN S. C. SUIT NO. 3060 OF 2011 High Court Suit No. 71 of 2011 1. Mr. Abubakar Abdul Karim Patel and another ...Plaintiffs Versus 1. Ali Mohamed Vali Mohamed Patel(Since deceased) 2. Mrs. Khadija Ismail Kojar and others ...Defendants CORAM : HIS HONOUR JUDGE SHRI C.S.Datir CITY CIVIL COURT, GR.BOMBAY (C.R. NO.63). DATE : 25-06-2025 Ld. Advocate Shri. S.M. Seegarla for the plaintiffs. Ld. Advocate Shri. Suneel Mogre for defendants nos. 1(a) to 1(d) and 2. ORDER 1. Defendant nos. 1(a) to 1(d) and 2 have taken out this -- 1 of 4 -- Chamber Summons No.204 of 2020 2 chamber summons, stating that, while drafting the examination-in- chief by the plaintiffs, they had inserted/incorporated the pleadings, which was not relevant to the fact of the case. If there is no relevancy to the facts of the case, it needs to be striked out from the pleadings. The schedule to that effect is attached with the notice of motion. They pray, irrelevant pleadings may be striked out. 2. As against, plaintiffs have filed reply, stating that, whatever pleadings made in examination-in-chief are relevant. There is no irrelevant pleadings as alleged by the defendant. Therefore, there is no question to strick out the pleadings. It is nothing but delayed tactics played by the other side. Hence, it may be rejected. 3. Heard arguments. Perused record. 4. No doubt, the examination-in-chief of the plaintiffs is placed on record. It is very difficult to assess whether the said pleadings is irrelevant at this juncture. If the pleadings of the plaintiffs is irrelevant, it would be discarded at the time of final hearing. But an opportunity needs to be granted to the plaintiffs to put his case as per factual aspect. Inspite of striking out the pleadings, it would be appropriate to consider the same at the time of final hearing. Hence, following order: ORDER- 1. Chamber Summons No.204 of 2020 stands dismissed. 2. However, at the time of final hearing, court feels that, certain pleadings of the plaintiffs is irrelevant, it would be discarded. -- 2 of 4 -- Chamber Summons No.204 of 2020 3 3. Accordingly, Chamber Summons No.204 of 2020 is disposed off. (C.S. Datir) Judge, City Civil Court, Date : 25-06-2025 Gr. Bombay. Dictated on : 25-06-2025 Typed on : 25-06-2025 checked on : 26-06-2025 Signed on : 26-06-2025 -- 3 of 4 -- Chamber Summons No.204 of 2020 4 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER” UPLOAD DATE AND TIME NAME OF STENOGRAPHER 26-06-2025 3.30 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 25-06-2025 Judgment/Order signed by P.O. on 26-06-2025 Judgment/Order uploaded on 26-06-2025 -- 4 of 4 --