Final Order 1

Order Details: Other
Pdf Text: Noting : 21/09/2019 1 C. R. No. 01
21/09/2019
SU-7250/04
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Remedies for plaintiff present.
Adv. Nawaz Indale for defendant no. 1 present.
Plaintiff present.
The Ld. counsel for the defendant no. 1 seeks time on the
count that the matter before the Hon'ble High Court is
listed on 23.9.2019 and seeks adjournment.
Adjourned for arguments to 4.10.2019.
Judge
21/09/2019
SU-4400/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
In the interest of justice, matter is adjourned for evidence
of plaintiff to 8.11.2019.
Judge
21/09/2019
SU-3414/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Preeti Singh for plaintiff present.
Plaintiff present.
None present for defendants.
The Ld. counsel for the plaintiff seeks adjournment.
Adjourned for framing issues to 13.11.2019.
Judge
07/09/2019
M.A 139/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Kunal Kumbhat for applicant present.
None present for respondent.
Court busy in passing other orders.
Matter is Adjd. for orders 13.09.2019.
Judge
-- 1 of 10 --
Noting : 21/09/2019 2 C. R. No. 01
21/09/2019
SU-7757/85
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mishra for plaintiff present.
None present for defendants.
Heard argument of Ld. Counsel for the plaintiff on Exh.
12.
Order below Exh. 12
Heard. This is an application filed by the plaintiff. The
counsel for the plaintiff submitted that plaintiff has
carried out the amendment as per the order of this court.
While taking out the amendment, there was mistake in
giving the serial number of the defendants in chamber
summons. He therefore want to correct the serial
number of the defendants already added. The correction
appears to be only in the serial number of the defendants
and the application is not a application for a substantive
amendment. Hence, it is expedient to pass following
order.
ORDER
1. Application (Exh.12) is allowed in terms of prayer
clause (a).
2. Plaintiff to correct the serial number as early as
possible but latest by next schedule date.
3. Application is disposed of accordingly.
______________________________________
Adjourned for compliance to 5.10.2019.
Judge
21/09/2019
SC-910/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
APP Siroya for State present.
Accused nos. 1 and 2 on bail present.
Adv. Ghadge for accused no. 1 present.
Adv. Shelar for accused no. 2 present.
APP seeks time for argument.
Adjourned for argument to 3.10.2019 to 4.00 p.m.
Judge
-- 2 of 10 --
Noting : 21/09/2019 3 C. R. No. 01
21/09/2019
SC-45/14 @
162/14
Exh. 88
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
APP Siroya for State present.
Accused nos. 1, 4, 5 and 7 to 11 on bail present.
Accused no. 2 on bail absent.
Accused no. 6 abated.
Accused no. 3 discharged.
Adv. Worlikar for accused no. 1 present.
Adv. Joseph for accused no. 7 present.
Adv. Ansari for accused no. 5 present.
Adv. Nawale for accused no. 11 present.
Adv. Amit Munde for accused no. 2 present.
PSI Sawant present.
Exemption application filed on behalf of accused no. 2.
O-Granted for today.
The Ld. APP submitted that he is newly added in the
matter and seeks time for argument on discharge
applications. He submitted that the chargesheet is
voluminous and he would require considerable time.
Hence, adjourned for argument of APP on discharge
applications to 19.10.2019.
Judge
********************
-- 3 of 10 --
Noting : 21/09/2019 4 C. R. No. 01
21/09/2019
SU-4400/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
LO
Adv. Ashwini for plaintiff present.
The Ld. Counsel for the plaintiff requested to change the
date.
Matter adjourned for evidence of plaintiff to 16.11.2019.
Judge
21/09/2019
SU-5161/07
Exh. 53
Exh. 54
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Vora for plaintiff present.
Adv. Alok Kumar Singh for defendant nos. 1 to 3 present.
Vakalatnama filed by Adv. Alok Singh on behalf of
defendant no. 2. O-Seen and filed.
Application filed by the plaintiff for giving direction to
defendant no. 2 and 3 to provide their presnet / current
address and further to allow the plaintiff to forthwith
make necessary changes in the cause title of the plaint
and other proceedings, if any.
O-call say of defendants.
Heard final argument of Ld. Advocate for plaintiff and
defendant nos. 1 to 3.
Adjourned for reply and hearing on Exh. 54 and
judgment to 30.9.2019.
Judge
**************************
-- 4 of 10 --
Noting : 21/09/2019 5 C. R. No. 01
21/09/2019
EA-44/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sharif Amar for DH present.
DH present.
JD no. 4 present.
Last chance is granted to JD for hearing on Exh. 3
Adjourned for hearing on Exh. 3 to 16.11.2019.
Judge
21/09/2019
SU-4541/12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Trupti Surve for plaintiff present.
Adv. Kajal Hindolekar for defendant no. 4 present.
The Ld. Advocate for the plaintiff submitted that the
defendants have tendered Transfer Application before the
Hon'ble Principal Judge and the same is pending. In view
of the said fact the matter is adjourned for hearing on
NM to 16.11.2019.
Judge
-- 5 of 10 --
Noting : 21/09/2019 6 C. R. No. 01
21/09/2019
SU-883/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Bhavna Pandey for plaintiff present.
Adv. R. S. Yadav for defendant present.
Reply filed by plaintiff on NM.
Heard argument of Ld. Advocate for defendant and
plaintiff on NM.
Order below Notice of Motion NO. 573/2019
Heard. The ld. counsel for the defendant submitted that
this court was pleased to proceed exparte against the
defendant on 10.10.2018. The defendant submitted that
she had gone to her native place in Uttar Pradesh. She
came to know about when her son informed about the
filing of the suit by the plaintiff. The writ of summons
was served upon the son of the defendant. On
10.10.2018 the son of the defendant along with her
advocate had been to the court but the matters was listed
at no. 72 and after inquiry it revealed that the matter was
called at 11.00 am and exparte order was passed. The
defendant approached his advocate and filed the present
NM and prayed for setting aside the order 10.10.2018.
The plaintiff opposed the present NM and
submitted that the delay of 99 days has not been
explained. The delay is deliberate and prayed for
dismissal of the NM.
It appears that the order was passed on
10.10.2018. It appears that the son of defendant was
served on 26.9.2018 The defendant submit on oath that
at that time she was not available. It is apparent that
service to the son of the defendant and not the
defendant. Be that as it may, the defendant appeared in
the matter subsequently and has tendered this NM. The
plaintiff has not adduced evidence. The matter is at the
preliminary stage. No prejudice would be caused to the
plaintiff if the request of the defendant is considered and
it would be in the interest of justice to give opportunity to
defendant. This court is the trial court and substantial
rights of the parties are involved. At the trial court the
party should not be denied of the opportunity of
presenting his case. Thus the defendant has made out
sufficient cause for condoning the delay and setting aside
the exparte order. Hence it is expedient to pass following
order.
ORDER
1. Notice of Motion is made absolute in terms of prayer
-- 6 of 10 --
Noting : 21/09/2019 7 C. R. No. 01
clause (a) subject to cost of Rs. 2500/- to be paid to the
plaintiff within a period of six weeks from today.
2. Payment of cost is subject precedent.
3. After compliance of the order, the written statement
filed be taken on record.
4. Notice of Motion is disposed of accordingly.
_________________________________________
Adjourned for compliance to 16.11.2019.
Judge
21/09/2019
EA-528/17
Exh. 4
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
By precepie.
Adv. Bhatia for DH present.
Application is filed by the DH for extension of the
execution of warrant of possession.
O-Warrant of possession is extended as prayed.
Matter is already adjourned to 10.10.2019.
Judge
21/09/2019
SU-6294/06
Exh. 2
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
By precepie.
Plaintiff present. His advocate is absent.
Defendant nos. 3, 4 and 5 present.
Adv. Rajmani Verma for defendant nos. 1 to 5 present.
Consent terms.
Plaintiff and defendant nos. 1 to 5 have filed the consent
terms. The plaintiff has also filed his ID proof which is
part of the consent terms. The defendant nos. 1 to 5
have issued four cheques to the plaintiff and plaintiff
submitted that the matter is amicably settled between
him and defendant nos. 1 to 5 in terms of consent terms.
Therefore he does not wish to prosecute NM. Notice of
Motion No. 1630/18 is disposed of accordingly. No order
as to costs.
Judge
****************
-- 7 of 10 --
Noting : 21/09/2019 8 C. R. No. 01
21/09/2019
SU-7808/85
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Shobhana Waghmare for defendant no. 2 present.
Adv. Shoaib Memon for defendant no. 4(a) present.
By consent of the parties, matter is adjourned for further
argument to 1.10.2019 at 12.30 p.m.
Judge
21/09/2019
SC-176/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
APP Siroya for State present.
Accused nos. 1 to 4 produced from jail.
Adv. Jagtap for all accused present.
Adv. Kulkarni for original complainant present.
Heard reply argument of Ld. APP and advocate for
accused partly.
Adjourned for further argument to 25.9.2019.
Judge
21/09/2019
SU-2690/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Redekar for plaintiff present.
Adv. Jatri for defendant nos. 1 and 2 present.
Adv. Priyanka Gaonkar for defendant no. 4 present.
Court is busy in dictating judgment in Suit No. 783/14.
Adjourned for framing issues to 2.11.2019.
Judge
21/09/2019
SU-3104/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adv. Rajesh Dixit for defendant no. 3 present.
Court is busy in dictating judgment in Suit No. 783/14.
Adjourned for framing issues to 16.11.2019.
Judge
21/09/2019
SU-3463/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Court is busy in dictating judgment in Suit No. 783/14.
Adjourned for framing issues to 16.11.2019.
Judge
-- 8 of 10 --
Noting : 21/09/2019 9 C. R. No. 01
21/09/2019
SU-214/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adv. Sarang for defendant present.
Court is busy in dictating judgment in Suit No. 783/14.
Adjourned for framing issues to 16.11.2019.
Judge
21/09/2019
SU-1196/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Vinod desai for plaintiff present.
Defendant no. 1 present.
Court is busy in dictating judgment in Suit No. 783/14.
Adjourned for framing issues to 16.11.2019.
Judge
21/09/2019
SU-1957/07
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Court is busy in dictating judgment in Suit No. 783/14.
Adjourned for framing issues to 30.11.2019.
Judge
21/09/2019
SU-783/14
Exh. 44
Exh. 45
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mohan Mandon for plaintiff present.
Adv. Gayatri Sharma for defendant no. 1 present.
Judgment.
FRSR following order is passed
1. Suit is dismissed.
2. Parties to bear their own cost.
3. Decree be drawn accordingly.
_________________________________
The Ld. counsel for the plaintiff filed an application for
extension of the interim order for two months or till the
plaintiff file the appeal. The ld. counsel for the defendant
No.1 opposed the application on the count that the
application is not maintainable.
The judgment in the case is not appealable. Revision is
required to be filed. At this juncture nothing has been
pointed out to the effect that the defendant no. 2 is
carrying out any development work. The interim order
merges in the judgment. Therefore the application needs
no consideration. Hence, rejected.
Judge
-- 9 of 10 --
Noting : 21/09/2019 10 C. R. No. 01
21/09/2019
SU-2618/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
FRSR following order is passed on Notice of Motion No.
3304/18.
1. Notice of Motion No. 3304/18 is made absolute in
terms of prayer clause (a) to (c).
2. Suit is restored to its original file.
3. Notice of Motion is disposed of accordingly.
4. Plaintiff to take steps to issue notice to the defendants
of restoration of suit.
_________________________________________________
Adjourned for steps to 18.10.2019.
Judge
-- 10 of 10 --