Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 N/M No. 587/2019 in Suit No. 1734/2015
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO.587 OF 2019
(CNR NO. MH CC010015242019)
IN
L.C. SUIT NO. 1734 OF 2015
CNR NO. MH CC010041412015)
1 Sanjaykumar Vidyaprasad Tiwari and ]
Another ].. Plaintiff.
V/s.
1 Rudranath Dukhaharan Tiwari and ]
four others. ]..Defendants
Advocate Mr. Rajnish Dueby for defendant nos.1 and 3.
Advocate Mr. Asim for defendant no.2.
Advocate Ms. Prabhu for defendant no.4.
Advocate Mr. Ajay Tiwari for the plaintiffs.
CORAM : HER HONOUR JUDGE
MS. S.P. PONKSHE.
(C.R.NO.12)
DATE : 9th JULY 2019
ORAL ORDER
This Notice of Motion has been taken out by defendant
nos.1 and 3 for setting aside order dated 17.11.2018 passed in Chamber
Summons No.956/2017 and requested for giving an opportunity to
argue the Chamber Summons No.956/2017.
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2 N/M No. 587/2019 in Suit No. 1734/2015
2 In support of notice of motion, Mr. Chandra Prakash R.
Tiwari has filed his affidavit stating reasons for non appearance for
arguments in Chamber Summons.
3 The plaintiffs have filed affidavit in reply by filing affidavit
of Constituted Attorney Mr. Dhoopnarayan Vidyaprasad Tripathi @
Tiwari. The plaintiffs have resisted the notice of motion and contended
that the Chamber Summons was heard and decided on merits. The
learned advocate for defendant no.2 was present at the time of hearing
of Chamber Summons. Hence, prayed for dissmisal of notice of motion
with costs.
4 Heard the learned advocate for defendant nos.1 and 3 and
the learned advocate for the plaintiffs.
5 Perused affidavit in support of notice of motion and
affidavit in reply. On 17.11.2018, the advocate for defendant no.2 was
present before the Court. Further, it appears that my learned
predecessor has passed order in Chamber Summons No.956/2017 on
17.11.2018. My learned predecessor has decided the said Chamber
Summons on merits by considering the points as to whether proposed
amendment is necessary for the purpose determining the question and
controversial issues between the parties. Thus, it appears that my
learned predecessor has passed order in view of provisions of OrderVI
Rule17 of the Code of Civil Procedure.
6 Thus, in the facts and circumstance, for challenging the
said order passed in Chamber Summons, this notice of motion is not
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3 N/M No. 587/2019 in Suit No. 1734/2015
maintainable before the same Court. Thus, this notice of motion is not
maintainable. Therefore, notice of motion is to be dismissed with
costs. With this, I proceed to pass the following order:
ORDER
1. Notice of Motion No.587 of 2019 is hereby dismissed with costs.
2 Notice of Motion No.587 of 2019 stands disposed of accordingly.
(S. P. PONKSHE)
Judge,
Date: 09/07/2019. City Civil Court,
Gr. Bombay.
Dictated on : 09/07/2019
Transcribed on : 15/07/2019
Signed on : 18/07/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
18/07/2019 At 4.35 p.m. MRS. SUPRIYA S.PAWAR
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ MS. S. P. PONKSHE
(C.R.NO.12)
Date of pronouncement of
Judgment/Order
09.07.2019
Judgment/Order signed by P.O. on 18.07.2019
Judgment/Order uploaded on 18.07.2019
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4 N/M No. 587/2019 in Suit No. 1734/2015
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