Final Order 1

Order Details: Notice of Motion
Pdf Text: ORDER ..1..
MHCC010015562020
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO.597 OF 2020
IN
SUIT NO.1684 OF 2019
Sayeed Ahmed Mohammed Salim Khan. … Plaintiff
Versus.
Rafique Ahmed Mohammed Salim Khan. … Defendants.
Appearance:
Adv. C. S. Gonagane for plaintiff.
CORAM : HIS HONOUR JUDGE
R.R.Patare
COURT NO.2
DATED : 12th September, 2022
ORAL ORDER
Perused pleading. Defendants did not file reply. This notice of
motion is taken out for restoration of earlier Notice of Motion No.273 of
2019, dismissed in default vide order dated 02.12.2019. It is stated that
notice of motion was taken out for appointment of Court Receiver in the
mean time settlement of wherein progress between the parties to the
suit. Due to said reason plaintiff could not proceed with the hearing of
notice of motion. From the record, it is seen that absence of plaintiff
before the Court was not intentionally. It is just and necessary to give
opportunity to the plaintiff for hearing of Notice of Motion No.273 of
2019. Defendants did not file reply. Contents of affidavit in support of
-- 1 of 3 --
ORDER ..2..
notice of motion has gone unchallenged. In the result, following order is
passed.
ORDER
Notice of Motion No. 273 of 2019 is restored to its original
stage, subject to costs of Rs.1,000/- to be deposited with DLSA,
Mumbai. Notice of Motion No.597/2020 is allowed.
(R.R.Patare)
Judge
City Civil Court, Gr.Mumbai
Date : 12.09.2022
Typed on : 12.09.2022
HHJ signed on : 12.09.2022
-- 2 of 3 --
ORDER ..3..
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
DATED 12.09.2022 , 5.30 p.m.
UPLOAD DATE AND TIME Mrs. V. N. Rajgole.
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
H.H.J. Shri. R.R.Patare
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
12.09.2022
JUDGMENT/ORDER signed by P.O.
on
12.09.2022
JUDGMENT/ORDER uploaded on 12.09.2022
-- 3 of 3 --